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STATE OF CALIFORNIA 



BUREAU OF LABOR STATISTICS 

948 Market Street 
SAN FRANCISCO 



Labor Laws of California 



COMPILED BY 

JOHN P. McLAUGHLIN, Commissioner 




Fbiend Wm. Richaedson, Superintendent of State Printing 

sacramento, california 

1913 



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BUREAU OF LABOR STATISTICS. 

SAN FRANCISCO, CALIFORNIA. 

The demand for copies of the "Labor Laws" published by this 
bureau in 1911 was so great that we were obliged to print a 
second edition, which was also exhausted. 

This volume has been revised and brought up to date so as to 
include the labor legislation enacted during the session of the 
legislature of 1913, and which laws are included in the Statutes 
of 1913. 

john p. Mclaughlin, 

Commissioner. 



TABLE OF CONTENTS. 



LABOR LAWS OF CALIFORNIA. 

Page. 

Constitution 7 

Political Code 9 

Civil Code 14 

Code of Civil Procedure 23 

Penal Code 26 

General Laws 35 

Statutes of 1911. (Not codified) 57 

Stututes of 1913 . 72 

Digests 177 

Decisions 181 

INDEX 207 



CONSTITUTION. 



ARTICLE 19. 

Employment of Chinese — Coolie labor. 

Sec. 3. No Chinese shall be employed on any state, Employ- 
county, municipal, or other public work, except in punish- public 01 * 
ment for crime. works. 

Sec. 4. The presence of foreigners ineligible to become 
citizens of the United States is declared to be dangerous to 
the well-being of the state, and the legislature shall dis- 
courage their immigration by all means within its power. 
Asiatic coolieism is a form of human slavery, and is forever cooUe- 
prohibited in this state, and all contracts for coolie labor ^bited!" 
shall be void. All companies or corporations, whether formed 
in this country or any foreign country, for the importation 
of such labor, shall be subject to such penalties as the legis- 
lature may prescribe. The legislature shall delegate all neces- Author- 
sary power to the incorporated cities and towns of this state cities 

for the removal of Chinese without the limits of such cities + and 

towns. 
and towns, or for their location within prescribed portions 

of those limits, and it shall also provide the necessary legis- 
lation to prohibit the introduction into this state of Chinese 
after the adoption of this constitution. This section shall be 
enforced by appropriate legislation. 

ARTICLE 20. 

Hours of labor on public works. 

Sec. 17. The time of service of all laborers or workmen Eight 
or mechanics employed upon any public works of the State ^day's 
of California, or of any county, city and county, city, town, work. 
district, township, or any other political subdivision thereof, 
whether said work is done by contract or otherwise, shall be 
limited and restricted to eight hours in any one calendar day, Excep- 
except in cases of extraordinary emergency caused by fire, tlon ' 
flood, or danger to life and property, or except to work upon 
public, military, or naval works or defenses in time of war, 
and the legislature shall provide by law that a stipulation to 



8 BUEEAU OF LABOR STATISTICS. 

this effect shall be incorporated in all contracts for public 
works and prescribe proper penalties for the speedy and 
efficient enforcement of said law. 

Sex no disqualification for employment. 

s^ not g EC ig # n person shall, on account of sex, be disquali- 
fied from entering upon or pursuing any lawful business, 
vocation, or profession. 



LAROR LAWS POLITICAL CODE. 



DEERING'S CODES- 1909. 

WITH AMENDMENTS AND ADDITIONS UP TO AND INCLUD- 
ING SESSION OF 1913. 



POLITICAL CODE. 

Rates of wages of employees of state printing office. 

Sec. 531. The duties of the superintendent of state print- Prevail- 
ing shall be as follows : * * * He shall employ such Swages 
compositors, pressmen, and assistants as the exigency of the jjjj it 
work from time to time requires, and may at any time dis- 
charge such employees ; Provided, that at no time shall he 
pay said compositors, pressmen, or assistants a higher rate 
of wages than is paid by those employing printers in Sacra- 
mento for like work. He shall at no time employ more 
compositors or assistants than the absolute necessities of the 
state printing may demand, and he shall not permit any 
other than state work to be done in the state printing office. 
* * * [Enacted March 12, 1872.] 

Time to vote to be allowed employees. 

Sec. 1212. Any person entitled to vote at a general elec- Two 

hours 

tion held within this state shall, on the day of such election, to be 
be entitled to absent himself from any service or employment allowed - 
in which he is then engaged or employed for the period of 
two consecutive hours, between the time of opening and the 
time of closing the polls ; and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor shall any 
deduction be made on account of such absence from his usual 
salary or wages. [Enacted March 12, 1872.] 

Laborers on San Francisco water front. 

Sec. 2545. * * * No person not a citizen of the United Citizens 
States shall be employed either as a contractor or laborer on fe^ e d. 
any work done under this article [relating to San Francisco 
harbor]. And eight hours shall constitute a legal day's work, Eight - 
whether performed directly for the state or for 1he person or §ayf 
persons receiving a contract under this article. [Enacted 
March 12, 1872.] 



10 BUREAU OF LABOR STATISTICS. 

Liability of employers for road tax of employees. 

Em- Sec. 2671. Corporations, or other employers of persons in 

charge*- any road district subject to road tax, are chargeable for road 

able. poll tax assessed against their employees to the extent of any 

credit in their hands not exceeding such tax ; Provided, the 

Proviso, road overseer shall first give notice to such employer, or the 

managing agent of such corporation, and from the time of 

such notice, the amount of any credit in his hands, or that 

shall thereafter accrue sufficient to satisfy said tax, shall be 

paid to the road tax collector, whose receipt shall be evidence 

in bar of the prosecution of any action by the employee 

against the principal for the recovery of the same. [Enacted, 

Stats. 1883, p. 12.] 

Employment of intemperate drivers on public convey- 
ances. 

Employ- Sec. 2932. No person must employ to drive any vehicle 
ment f or the conveyance of passengers upon any public highway, 
bidden, a person addicted to drunkenness, under penalty of five 
dollars for every day such person is in his employment. [En- 
acted March 12, 1872.] 
Dis- Sec. 2933. If any driver, whilst actually employed in 

required, driving any such vehicle, is intoxicated to such ^ degree as 
to endanger the safety of his passengers, the owner on receiv- 
ing from any such passenger a written notice of the fact, 
verified by his oath, must forthwith discharge such driver ; 
and if he has such driver in his service within six months 
after such notice, he incurs a like penalty. ['Enacted March 
12, 1872.] 

Trade-marks of trade unions. 

Sec. 3200. Any trade union, labor association, or labor 
organization, organized and existing in this state, whether 
incorporated or not, may adopt and use a trade-mark and 
affix the same to any goods made, produced or manufactured 
by the members of such trade union, labor association, or 
labor organization, or to the box, cask, case, or package con- 
taining such goods, and may record such trade-mark by filing 
or causing to be filed with the secretary of state its claim to 
the same, and a copy or description of such trade-mark, with 
the affidavit of the president of such -trade union, labor asso- 
ciation, or labor organization, certified to by aoy officer 



LAROR LAWS POLITICAL CODE. 11 

authorized to take acknowledgment of conveyances, setting 
forth that the trade union, labor association, or labor organ- 
ization, of which he is the president is the exclusive owner, 
or agent of the owner, of such trade-mark ; and all the pro- 
visions of article three, chapter seven, title seven, part three, 
of the Political Code, are hereby made applicable to such 
trade-mark. I/Enacted, Stats. 1S87, p. 167.] 

Sec. 3201. The president or other presiding officer of any 
trade union, labor association, or labor organization, organ- 
ized and existing in this state, which shall have complied 
with the provisions of the preceding section, is hereby author- 
ized and empowered to commence and prosecute in his own 
name any action or proceedings he may deem necessary for 
the protection of any trade-mark adopted or in use under the 
provisions of the preceding section, or for the protection or 
enforcement of any rights or powers which may accrue to 
such trade union, labor association, or labor organization by 
the use or adoption of such trade-mark. [Enacted, Stats. 
1887, p. 168.] 

Contract work on public buildings prohibited. 

Sec. 3233. All work done upon the public builiings of this work to 
state must be done under the supervision of a superintendent, ^ ^°? s 
or state officer or officers having charge of the work, and all labor - 
labor employed on such buildings, whether skilled or unskilled, 
must be employed by the day. and no work upon any of such 
buildings must be done by contract. I/Enacted March 12, 
1872.] 

Products of Chinese labor not to be bought by state 
officials. 
Sec. 3235. No supplies of any kind or character, "for the Public 
benefit of the state, or to be paid for by any moneys appro- not^o 65 
priated or to be appropriated by the state,'' manufactured or |J e t pr P d " 
grown in this state, which are in whole or in part the product Chinese 
of Mongolian labor, shall be purchased by the officials for labor " 
the state having the control of any public institution under 
the control of the state, or of any county, city and county, 
city, or town thereof. [Stats. 1887, p. 171.] 



12 BUREAU OF LABOR STATISTICS. 

Hours of labor. 
Eight Sec. 3244. Eight hours of labor constitutes a day's work, 

a°day's unless it is otherwise expressly stipulated by the parties to a 
work, contract, except those contracts within the provisions of sec- 
tions three thousand two hundred and forty-six, three thou- 
sand two hundred and forty-seven, and three thousand two 
hundred and forty-eight of this code. [Enacted, March 12, 
1872.] 
street Sec. 3246. Twelve hours' labor constitutes a day's work 

railways on ^he part of drivers and conductors, and gripmen of street 
cars for the carriage of passengers. Any contract for a 
greater number of hours' labor in one day shall be and is 
void, at the option of the employee, without regard to the 
terms of employment, whether the same be by the hour, day, 
week, month, or any other period of time, or by or according 
to the trip or trips that the car may, might, or can make 
between the termini of the route, or any less distance thereof. 
Any and every person laboring over twelve hours in one day 
as driver, or conductor, or gripman, on any street railroad, 
shall receive from his employer thirty cents for each hour's 
labor over twelve hours in each day. [Stats. 1887, p. 101.] 
Actions Sec. 3247. In actions to recover the value or price of 

for labor under section three thousand two hundred and forty- 
wages. 

six of this code, the plaintiff may include in one action his 
claim for the number of days, and the number of hours' work 
over twelve hours in each day, performed by him for the 
defendant, and the court shall exclude all evidence of agree- 
Recover* ment to labor over twelve hours in one day for o less price 
time. V6r than thirty cents, and the court shall exclude any receipt of 
payment for hours of labor over twelve hours in one day, 
Rate of unless it be established that at least thirty cents for each 
wages. h our f labor over twelve hours in one day has been actually 
paid, and a partial payment shall not be deemed or consid- 
ered a payment in full. ['Stats. 1897, p. 208.] 
Appiica- Sec. 3249. The provisions of section three thousand two 
tion of h un( j re( i and forty-seven * * * of this code are applicable 
to every contract to labor made by the persons named in 
section three thousand two hundred and forty-six. ['Stats. 
1887, p. 102.] 
Street Sec. 3250. No person shall be employed as conductor, or 

rai ways Qi r j Yer? or gripman, on any street railroad, for more than 



LABOR LAWS POLITICAL CODE. 13 

twelve hours in one day, except as in this act provided, and 
any corporation, or company, or owner, or agent, or superin- 
tendent, who knowingly employs any person in such capacity Penalty. 
for more than twelve hours in one day, in violation of the 
terms of this act, shall forfeit the sum of fifty dollars as a 
penalty for such offense, to the use of the person prosecuting 
any action therefor, and any number of forfeits may be 
prosecuted in one action. [Stats. 1887, p. 102.] 

Goods, etc., produced within the state to be preferred for 
public use. 
Sec. 3247 (added by chapter 149, acts of 1897).* Any Prefer- 
person, committee, board, officer, or any other person charged domestic 
with the purchase, or permitted or authorized to purchase P r °ducts 
supplies, goods, wares, merchandise, manufactures or produce, 
for the use of the state, or any of its institutions or officers, 
or for the use of any county or consolidated city and county, 
or city, or town, shall always, price, fitness and quality equal, 
prefer such supplies, goods, wares, merchandise, manufac- 
tures or produce as has been grown, manufactured, or pro- 
duced in this state, and shall next prefer such as have been 
partially so manufactured, grown, or produced in this state. 
I/Stats. 1897, p. 208.] 



*This is a duplicate use of this section number, but is in 
accordance with the provisions of the chapter named. 



14 BUREAU OF LABOR STATISTICS. 



CIVIL CODE. 

Rights of employers — Injuries to employees. 

injuries Sec. 49. The rights of personal relation forbid : 
for- 
bidden. * * * * * * * 

4. Any injury to a servant which affects his ability to 

serve his master. ['Enacted March 12, 1872.] 

Earnings of minors. 

Payment Sec. 212. The wages of a minor employed in service may 
minors, be paid to him until the parent or guardian entitled thereto 

gives the employer notice that he claims such wages. [En- 

acted March 12, 1872.] 

Employment of labor — General provisions. 

Defini- Sec 1965. The contract of employment is a contract by 
which one, who is called the employer, engages another, who 
is called the employee, to do something for the benefit of the 
employer, or of a third person. ['Enacted March 21, 1872.] 

Losses Sec. 1969. An employer must indemnify his employee 



tion. 



in C dis- e except as prescribed in the next section, for all that he neces- 
c J arge sarily expends or loses in direct consequence of the discharge 
of his duties as such, or of his obedience to the directions of 
the employer, even though unlawful, unless the employee, at 
the time of obeying such directions, believed them to be 
unlawful. L'Enacted March 21, 1872.] 
Ordinal *Sec. 1970 (as amended by chapter 97, acts of 1907). An 
employer is not bound to indemnify his employee for losses 
suffered by the latter in consequence of the ordinary risks of 
the business in which he is employed, nor in consequence of 
the negligence of another person employed by the same 
employer in the same general business, unless the negligence 
causing the injury was committed in the performance of a 
duty the employer owes by law to the employee, or unless the 
Superior employer has neglected to use ordinary care in the selection 
servants. £ ^q culpable employee ; provided, nevertheless, that the em- 
ployer shall be liable for such injury when the same results 
from the wrongful act, neglect or default of any agent or 
officer of such employer, superior to the employee injured, or 



*See Statutes 1913, chapter 176. 



LABOR LAWS CIVIL CODE. 15 

of a person employed by such employer having the right to 
control or direct the services of such employee injured, and 
also when such injury results from the wrongful act. neglect other 
or default of a coemployee engaged in another department of ments!" 
labor from that of the employee injured, or employed upon a etc - 
machine, railroad train, switch signal point, locomotive 
engine, or other appliance than that upon which the employee 
(."who] is injured is employed, or who is charged with dis- 
patching trains, or transmitting telegraphic or telephonic 
orders upon any railroad, or in the operation of any mine, 
factory, machine shop, or other industrial establishment. 

Knowledge by an employee injured of the defective or Knowi- 
unsafe character or condition of any machinery, ways. edge * 
appliances or structures of such employer shall not be a bar 
to the recovery for any injury or death caused thereby, unless 
it shall also appear that such employee fully understood, 
comprehended and appreciated the dangers incident to the 
use of such defective machinery, ways, appliances or struc- 
tures, and thereafter consented to use the same, or continued 
in the use thereof. 

When death, whether instantaneous or otherwise, results injuries 
from an injury to an employee received as aforesaid, the per- death!^ 
sonal representative of such employee shall have a right of 
action therefor against such employer, and may recover dam- 
ages in respect thereof, for and on behalf, and for the benefit 
of the widow, children, dependent parents, and dependent 
brothers and sisters, in order of precedence as herein stated, 
but no more than one action shall be brought for such 
recovery. 

Any contract or agreement, express or implied, made by Waivers. 
any such employee to waive the benefits of this section, or 
any part thereof, shall be null and void, and this section shall 
not be construed to deprive any such employee or his personal 
representative, of any right or remedy to which he is now 
entitled under the laws of this state. 

The rules and principles of law as to contributory negli- con- 
gence which apply to other cases shall apply to cases arising n egu! or5 
under this section, except in so far as the same are herein gence. 
modified or changed. [Enacted March 21, 1872.] 



16 BUREAU OF LABOR STATISTICS. 

Want Sec. 1971. An employer must in all cases indemnify his 

of care ' employees for losses caused by the former's want of ordinary 

care. [Enacted March 21, 1872.] 

The retention of a foreman after knowledge of his incom- 
petency is negligence, and the employer is liable for injuries 
resulting from such foreman's negligent acts: 47 Pac. Rep. 
773. 

Service Sec. 1975. One who, without consideration, undertakes to 

consid- do a service for another, is not bound to perform the same, 

eration. j^ jf h e actually enters upon its performance, he must use 

at least slight care and diligence therein. L'Enacted March 

21,1872.] 

Re- Sec. 1976. One who, by his own special request, induces 

employ*- another to instruct him with the performance of a service, 
ment. must perform the same fully. In other cases, one who under- 
takes a gratuitous service may relinquish it any time. [En- 
acted March 21, 1872.] 
Gratu- Sec. 1977. A gratuitous employee, who accepts a written 
tomey at P ower of attorney, must act under it so long as it remains in 
force, or until he gives notice to his employer that he will 
not do so. ['Enacted March 21, 1872.] 
Em- Sec. 1978. One who, for a good consideration, agrees to 

for^on- serve another, must perform the service, and must use ordi- 
sidera- nary care and diligence therein, so long as he is thus em- 
tlon ' ployed. ['Enacted March 21, 1872.] 
inter- Sec. 1979. One who is employed at his own request to do 

ested t^t w hi c h is more for his own advantage than for that of his 

volun- 

teer. employer, must use great care and diligence therein to pro- 
tect the interest of the latter. ['Enacted March 21, 1872.] 
Dura- Sec. 1980. A contract to render personal service, other 
contract than a contract of apprenticeship, as provided in the chapter 
on master and servant, can not be enforced against the 
employee beyond the term of two years from the commence- 
ment of service under it; but if the employee voluntarily 
continues his service under it beyond that time, the contract 
may be referred to as affording a presumptive measure of 
the compensation. ['Enacted March 21, 1872.] 
Direc- Sec. 1981. An employee must substantially comply with 
tions. a u the directions of his employer concerning the service on 
which he is engaged, except where such obedience is impos- 
sible or unlawful, or would impose new and unreasonable 
burdens upon the employee. ['Enacted March 21, 1872.] 



LABOR LAWS — CIVIL CODE. 17 

Sec. 1982. An employee must perform his service in con- Usage. 
formity to the usage of the place of performance, unless 
otherwise directed by his employer, or unless it is imprac- 
ticable, or manifestly injurious to his employer to do so. 
[Enacted March 21, 1872.] 

Sec. 1983. An employee is bound to exercise a reasonable Degree 

of skill 

degree of skill, unless his employer has notice, before employ- 
ing him, of his want of skill. [Enacted March 21, 1872.] 

Sec. 1984. An employee is always bound to use such skill Same 
as he possesses, so far as the same is required, for the service 
specified. [Enacted March 21, 1872.] 

The employee may employ others to do the work where his 
personal attention is not contracted' for: 24 Cal. 308. 

Sec. 1985. Everything which an employee acquires by Acquisi- 
virtue of his employment, except the compensation, if any, {JJjJJ^ 
which is due to him from his employer, belongs to the latter, empioy- 
whether acquired lawfully or unlawfully, or during or after 
the expiration of the term of his employment. [Enacted 
March 21, 1872.] 

Sec. 1986. An employee must, on demand, render to his Render- 
employer just accounts of all his transactions in the course accounts. 
of his service, as often as may be reasonable, and must, with- 
out demand, give prompt notice to his employer of everything 
which he receives for his account. [Enacted March 21, 1872.] 

Sec. 1987. An employee who receives anything on account Delivery 
of his employer, in any capacity other than that of a mere etcf 00 ^' 
servant, is not bound to deliver it to him until demanded, received. 
and is not at liberty to send it to him from a distance, with- 
out demand, in any mode involving greater risk than its 
retention by the employee himself. LEnacted March 21, 
1872.] 

Sec. 1988. An employee who has any business to transact Priority 
on his own account, similar to that intrusted to him by his pi y m r ~' S 
employer, must always give the latter the preference. [En- business. 
acted March 21, 1872.] 

Sec. 1989. An employee who is expressly authorized to Employ- 
employ a substitute is liable to his principal only for want of ^sub- 
ordinary care in his selection. The substitute is directly statute, 
responsible to the principal. [Enacted March 21, 1872.] 

Sec. 1990. An employee who is guilty of a culpable degree Negii- 
of negligence is liable to his employer for the damage thereby gence - 

2 — LL 



18 BUREAU OF LABOR STATISTICS. 

caused to the latter ; and the employer is liable to him, if 

the service is not gratuitous, for the value of such services 

only as are properly rendered. [Enacted March 21, 1872.] 

Duty of Sec. 1991. When service is to be rendered by two or more 

oHoinT persons jointly, and one of them dies, the survivor must act 

servants, alone, if the service to be rendered is such as he can rightly 

perform without the aid of the deceased person, but not 

otherwise. ['Enacted March 21, 1872.] 

Termi- Sec. 1996 (as amended by chapter 157, acts of 1901). 

empi°oy- 01 Every employment in which the pow 7 er of the employee is 

ment. not coupled with an interest in its subject is terminated by 

notice to him of : 

1. The death of the employer ; or, 
• 2. His legal incapacity to contract. 

The parties to a contract of employment may, however, in 
writing, provide that it shall, nothwithstanding the death of 
the employer, continue obligatory for and against his heirs 
and personal representatives, provided their liability shall be 
restricted to property received from and under him. [En- 
acted March 21, 1872.] 
same Sec. 1997. Every employment is terminated : 

subject. ^ By t ne expiration of its appointed term ; 

2. By the extinction of its subject ; 

3. By the death of the employee ; or, 

4. By his legal incapacity to act as such. [Enacted March 
21, 1872.] 

service Sec. 1998. An employee, unless the term of his service has 
after expired, or unless he has a right to discontinue it at any 
of em- time without notice, must continue his service after notice of 
pioyer. ^ e death or incapacity of his employer, so far as is neces- 
sary to protect from serious injury the interests of the 
employer's successor in interest, until a reasonable time after 
notice of the facts has been communicated to such successor. 
The successor must compensate the employee for such service 
according to the terms of the contract of employment. ['En- 
acted March 21, 1872.] 
Termi- Sec. 1999. An employment having no specified term may 
afwiu ^ e terminated at the will of either party, on notice to the 
other, except where otherwise provided by this title. ['En- 
acted March 21, 1872.] 

Sec. 2000. An employment, even for a specified term, may 
be terminated at any time by the employer, in case of any 






cause. 



LABOR LAWS — CIVIL CODE. 19 

wilful breach of duty by the employee in the course of his em- Breach 
ployment, or in case of his habitual neglect of his duty or con- by em- 
tinued incapacity to perform it. [Enacted March 21. 1872.] ployee - 

Sec. 2001. An employment, even for a specified term, may By em- 
be terminated by the employee at any time, in case of any p oyer ' 
wilful or permanent breach of the obligations of his employer 
to him as an employee. [Enacted March 21, 1872.] 

Sec. 2002. An employee, dismissed bv his employer for wages 

1 «• • - x of em- 

good cause, is not entitled to any compensation for services pioyee 

rendered since the last day upon which a payment became mu se( \ 

due to him under the contract. [Enacted March 21, 1872.] fo * g 

Sec. 2003. An employee who quits the service of his 

employer for good cause is entitled to such proportion of the p i oy ee 

compensation which would become due in case of full per- $£ tting 

formance, as the services which he has already rendered bear cause. 

to the services which he was to render as full performance. 

[Enacted March 21, 1872.] 

Master and servant. 

Sec. 2009. A servant is one who is employed to render servant 
personal service to his employer, otherwise than in the pur- 
suit of an independent calling, and who in such service 
remains entirely under the control and direction of the latter, 
who is called his master. [Enacted March 21, 1872.] 

Sec. 2010. A servant is presumed to have been hired for Term of 
such length of time as the parties adopt for the estimation of j^£{. oy " 
wages. A hiring at a yearly rate is presumed to be for one 
year ; a hiring at a daily rate, for one day ; a hiring by piece- 
work, for no specified term. [Enacted March 21, 1872.] 

Sec. 2011. In the absence of any agreement or custom as Pre- 
to the term of service, the time of payment, or the rate or tion P ~ 
value of wages, a servant is presumed to be hired by the 
month, at a monthly rate of reasonable wages, to be paid 
when the service is performed. [Enacted March 21, 1872.] 

Sec. 2012. Where, after the expiration of an agreement Renewal 
respecting the wages and the term of service, the parties con- tinuance 
tinue the relation of master and servant, they are presumed 
to have renewed the agreement for the same wages and term 
of service. [Enacted March 21, 1872.] 

Sec. 2013. The entire time of a domestic servant belongs Tim e 
to the master ; and the time of other servants to such an troited 
extent as is usual in the business in which they serve, not£f y£J" 



20 BUREAU OF LABOR STATISTICS. 

exceeding in any case ten hours in the day. [Enacted March 
21, 1872.] 

All the services rendered by one who receives a regular- 
salary, if of the same nature as his regular duties, are pre- 
sumed to be paid for by the salary: 9 Cal. 198. 

Delivery Sec. 2014. A servant must deliver to his master, as soon 
etc S ,°° S ' as with reasonable diligence he can find him, everything that 
received. h e receives for his account, without demand ; but he is not 
bound, without orders from his master, to send anything to 
him through another person. [Enacted March 21, 1872.] 
Em- Sec. 2015. A master may discharge any servant, other 

maydis- than an apprentice, whether engaged for a fixed term or not : 
charge, i jf j ie j s guilty of misconduct in the course of his service, 

when. ° J ' 

or of gross immorality, though unconnected with the same ; 
or, 

2. If, being employed about the person of the master, or in 
a confidential position, the master discovers that he has been 
guilty of misconduct, before or after the commencement of 
his service, of such a nature that, if the master had known 
or contemplated it, he would not have so employed him. 
[Enacted March 21, 1872.] 

Seamen. 

Sec. 2049. All persons employed in the navigation of a 
ship, or upon a voyage, other than the master and mate, are 
to be deemed seamen within the provisions of this code. 
[Enacted March 21, 1872.] 

Sec. 2050. The mate and seamen of a ship are engaged by 
the master, and may be discharged by him at any period of 
the voyage, for wilful and persistent disobedience or gross 
disqualification, but can not otherwise be discharged before 
the termination of the voyage. [Enacted March 21, 1872.] 

Sec. 2051. A mate or seaman is not bound to go to sea in 
a ship that is not seaworthy ; and if there is reasonable doubt 
of its seaworthiness, he may refuse to proceed until a proper 
survey has been had. 

Sec. 2052. A seaman can not, by reason of any agreement, 
be deprived of his lien upon a ship, or of any remedy for the 
recovery of his wages to which he would otherwise have been 
entitled. Any stipulation by which he consents to abandon 
his right of wages in case of loss of the ship, or to abandon 
any right he may have or obtain in the nature of salvage is 
void. ^Enacted March 21, 1872.] 



LABOR LAWS — CIVIL CODE. 21 

Sec. 2053. No special agreement entered into by a seaman 
can impair any of his rights, or add to any of his obliga- 
tions, as denned by law, unless he fully understands the effect 
of the agreement, and receives a fair compensation therefor. 
[Enacted March 21, 1872.] 

Sec. 2054. Except as hereinafter provided, the wages of 
seamen are due when, and so far only as, freightage is earned, 
unless the loss of freightage is owing to the fault of the 
owner or master. [Enacted March 21, 1872.] 

Sec. 2055. The right of mate or seamen to wages and 
provisions begins either from the time he begins work, or 
from the time specified in the agreement for his beginning 
work, or from his presence on board, whichever first happens. 
[Enacted March 21, 1872.] 

Sec. 2056. Where a voyage is broken up before depar- 
ture of a ship, the seamen must be paid for the time they 
have served, and may retain for their indemnity such ad- 
vances as they have received. [Enacted March 21, 1872.] 

Sec. 2057. When a mate or seaman is wrongfully dis- 
charged, or is driven to leave the ship by the cruelty of the 
master on the voyage, it is then ended with respect to him, 
and he may thereupon recover his full wages. [Enacted 
March 21, 1872.] 

Sec. 2058. In case of loss or wreck of the ship, a seaman 
is entitled to his wages up to the time of the loss or wreck 
whether freightage has been earned or not, if he exerts him- 
self to the utmost to save the ship, cargo and stores. [En- 
acted March 21, 1872.] 

Sec. 2059. A certificate from the master or chief surviv- 
ing officer of a ship, to the effect that a seaman exerted 
himself to the utmost to save the ship, cargo and stores, is 
presumptive evidence of the fact. [Enacted March 21, 1872.] 

Sec. 2060. Where a mate or seaman is prevented from 
rendering service by illness or injury, incurred without his 
fault, in the discharge of his duty on the voyage, or by being 
wrongfully discharged, or by a capture of the ship, he is 
entitled to wages notwithstanding ; but in case of a capture, 
a ratable deduction for salvage is to be made. [Enacted 
March 21, 1872.] 

Sec. 2061. If a mate or seaman becomes sick or disabled 
during the voyage without his fault, the expense of furnish- 
ing him with suitable medical advice, medicine, attendance, 



22 BUREAU OF LABOR STATISTICS. 

and other provision for his wants, must be borne by the ship 
till the close of the voyage. [Enacted March 21, 1872.] 

Sec. 2062. If a mate or seaman dies during the voyage, 
his personal representatives are entitled to his wages to the 
time of his death, if he would have been entitled to them 
had he lived to the end of the voyage. [Enacted March 21, 
1872.] 

Sec. 2063. Desertion of. the ship, without cause, or a 
justifiable discharge by the master during the voyage, for 
misconduct, or a theft of any part of the cargo or appurte- 
nances of the ship, or a wilful injury thereto or to the ship, 
forfeits all wages due for the voyage to a mate or seaman 
thus in fault. [Enacted March 21, 1872.] 

Sec. 2064. A mate or seaman may not, under any pretext, 
ship goods on his own account without permission from the 
master. [Enacted March 21, 1872.] 

Volunteer service — Compensation for. 

voiun- Sec. 2078. One who officiously, and without consent of the 
real or apparent owner of a thing, takes it into his posses- 
sion for the purpose of rendering a service about it, must 
complete such service, and use ordinary care, diligence, and 
reasonable skill about the same. He is not entitled to any 
Compen- compensation for his service or expenses, except that he may 
sation. (j e( j uc t actual and necessary expenses incurred by him about 
such service from any profits which his service has caused 
the thing to acquire for its owner, and must account to the 
owner for the residue. [Enacted March 21, 1872.] 

Enforcement of contracts. 
Labor Sec. 3390. The following obligations can not be specific- 

trTcts. ally enforced: 

1. An obligation to render personal service ; 

2. An obligation to employ another in personal service ; 

******* 

[Enacted March 21, 1872.] 



teer 
service, 



LABOR LAWS — CIVIL CODE — APPENDIX. 



CIVIL CODE— APPENDIX. 

(Page 827; Stats. 1901, page 75.) 
Time of meals to be allowed employees in lumber mills, 
etc. 

Section 1. Every person, corporation, copartnership, or One 
company operating a sawmill, shakemill, shingle-mill, or log- noon 
ging camp, in the State of California, shall allow to his or jjjj^ 
its employees, workmen, and laborers a period of not less 
than one hour at noon for the midday meal. 

Sec. 2. Any person, corporation, copartnership, or com- Penalty, 
pany, his or its agents, servants, or managers, violating any 
of the provisions of this act shall be guilty of a misdemeanor. 
and upon conviction thereof shall be punished by a fine of 
not more than two hundred dollars nor less than one hundred 
dollars for each violation of the provisions of this act. 

(Page 827; Stats. 1871-72, page 413.) 
Mine regulations — Quartz mines. 

Section 1. It shall not be lawful for any corporation, Escape 
association, owner, or owners of any quartz-mining claims shaft " 
within the State of California, where such corporation, asso- 
ciation, owner, or owners employ twelve men daily, to sink 
down into such mine or mines any perpendicular shaft or 
incline beyond a depth from the surface of three hundred feet 
without providing a second mode of egress from such mine, 
by shaft or tunnel, to connect with the main shaft at a depth 
of not less than one hundred feet from the surface. 

Sec. 2. It shall be the dutv of each corporation, associa- Same 

- . ,,. subject. 

tion, owner or owners of any quartz mine or mines in this 
state, where it becomes necessary to work such mines beyond 
the depth of three hundred feet, and where the number of 
men employed therein daily shall be twelve or more, to pro- 
ceed to sink another shaft or construct a tunnel so as to 
connect with the main working shaft of such mine as a mode 
of escape from underground accident, or otherwise. And all 
corporations, associations, owner, or owners of mines as 
aforesaid, working at a greater depth than three hundred 



24 BUREAU OF LABOR STATISTICS. 

feet, not having any other mode of egress than from the 
main shaft, shall proceed as herein provided. 
Liability Sec. 3. When any corporation, association, owner, or 
lation." owners of any quartz mine in this state, shall fail to provide 
for the proper egress as herein contemplated, and where any 
accident shall occur, or any miner working therein shall be 
hurt or injured and from such injury might have escaped if 
the second mode of egress had existed, such corporation, 
association, owner, or owners of the mine where the injuries 
shall have occurred shall be liable to person injured in all 
damages that may accrue by reason thereof ; and an action 
at law in a court of competent jurisdiction may be main- 
tained against the owner or owners of such mine, which 
owners shall be jointly or severally liable for such damages. 
And where death shall ensue from injuries received from any 
negligence on the part of the owners thereof by reason of 
their failure to comply with any of the provisions of this act, 
the heirs or relatives surviving the deceased may commence 
an action for the recovery of such damages. * * *. 

CODE OF CIVIL PROCEDURE. 

Exemption of wages from execution. 

Exemp- Sec. 690 (as amended by chapter 479, acts of 1907). The 
following property is exempt from execution or attachment, 
except as herein otherwise specially provided : 

Sea- 9. The wages and earnings of all seamen, seagoing fisher- 

men's, men an( j sea i erSj n ot exceeding three hundred dollars, regard- 
wages, less of where or when earned, and in addition to all other 

exemptions otherwise provided by any law ; 

Thirty 10. The. earnings of the judgment debtor for his personal 

earn- services rendered at any time within thirty days next preced- 

ings, j n g the levy of execution or attachment, when it appears by 

the debtor's affidavit or otherwise, that such earnings are 

necessary for the use of his family, residing in this state, 

supported in whole or in part by his labor; but w T here debts 

are incurred by any such person, or his wife or family for 

the common necessaries of life, or have been incurred at a 

time when the debtor had no family residing in this state, 

supported in whole or in part by his labor, the one half of 

such earnings above mentioned is nevertheless subject to 



LABOR LAWS — CODE OF CIVIL PROCEDURE. 25 

execution, garnishment or attachment to satify debts so 
incurred ; 

[Enacted March 11, 1872.] 
Attorney's fees in suits for wages. 

Sec. 924 (as amended by chapter 51, acts of 1907). The Fee 
prevailing party in the justices' courts is entitled to costs of on°re- ec 
the action, and also of any proceedings taken by him in aid C0Yei ?- 
of an execution issued upon any judgment recovered therein. 
In actions for the recovery of wages for labor performed, the 
court shall add, as part of the costs, in any judgment recov- 
ered by the plaintiff, an attorney's fee not exceeding twenty 
per cent of the amount recovered. [Enacted March 11, 
1872.] 

Wages preferred — In assignments, administration, etc. 

Sec. 1204 (as amended by chapter 102, acts of 1901). wages 
When any assignment, whether voluntary or involuntary, is p^ 
made for the benefit of the creditors of the assignor, or results firs t in 

assign- 

from any proceeding in insolvency commenced against him, ments. 
the wages and salaries of miners, mechanics, salesmen, serv- 
ants, clerks, laborers, and other persons, for services ren- 
dered for him within sixty days prior to such assignment, or 
to the commencement of such proceeding, and not exceeding 
one hundred dollars each, constitute preferred claims, and 
must be paid by the trustee or assignee before the claim of 
any creditor of the assignor or insolvent. [Enacted March 
11, 1872.] 

Sec. 1205 (as amended by chapter 102, acts of 1901). in ad - 
Upon the death of any employer, the wages, not exceeding uon!^™ 
one hundred dollars in amount, of each miner, mechanic, 
salesman, clerk, servant, laborer, or other employee, for 
work done or services rendered within sixty days prior 
to such death, must be paid before any other claim against 
the estate of such employer, except his funeral expenses, 
and expenses of the last sickness, the allowance to the 
widow and infant children, and the charges and expenses 
of administration. [Enacted March 11, 1872.] 

Sec. 1206 (as amended by chapter 102, acts of 1901).inexe- 
Upon the levy of any attachment or execution, not founded cutlons - 
upon a claim for labor, any miner, mechanic, salesman, 
servant, clerk, laborer, or other person who has performed 



26 BUREAU OF LABOR STATISTICS. 

work or rendered services for the defendant within sixty 
days prior to the levy, may file a verified statement of his 
claim therefor with the ofiicer executing the writ, and give 
copies thereof to the debtor and the creditor, and such 
claim, not exceeding one hundred dollars, unless disputed, 
must be paid by such ofiicer from the proceeds of such levy 
remaining in his hands at the filing of such statement. If 
any claim is disputed, within the time, and in the manner pre- 
scribed in section twelve hundred and seven, the claimant 
must within ten days thereafter commence an action for the 
recovery of his demand, which action must be prosecuted 
with due diligence, or his claim to priority of payment 
is forever barred. The officer must retain in his possession 
until the determination of such action so much of the 
proceeds of the writ as may be necessary to satisfy the claim, 
and if the claimant recovers judgment, the ofiicer must pay 
the same, including the costs of suit, from such proceeds. 
[Enacted March 11, 1872.] 

This section gives only a preferred claim against the 
debtor, but does not give any lien upon his property: 74 Pac. 
Rep. 1037. 

PENAL CODE. 

Protection of employees as voters. 
coercion Sec. 59. * * * It is not lawful for any employer, 
em"io y m P a yi n §' hi s employees the salary or wages due them, to 
ers. inclose their pay in "pay envelopes" upon which there is 
written or printed the name of any candidate, or any politi- 
cal mottoes, devices, or arguments containing threats express 
or implied, intended or calculated to influence the political 
opinions or actions of such employees. Nor is it lawful for 
any employer, within ninety days of any election, to put 
up or otherwise exhibit in his factory, workshop, or other 
establishment or place where his workmen or employees may 
be working, any handbill or placard containing any threat, 
notice, or information, that in case any particular ticket of 
a political party, or organization, or candidate shall be 
elected, work in his place or establishment will cease, in 
whole or in part, or his place or establishment be closed 
up, or the salaries or wages of his workmen or employees 
be reduced, or threats, express or implied, intended or 



LABOR LAWS — PENAL CODE. 27 

calculated to influence the political opinions or actions of 
his workmen or employees. This section applies to corpora- Penalty, 
tions as well as individuals, and any person or corporation 
violating the provisions of this section is guilty of a misde- 
meanor, and any corporation violating this section shall 
forfeit its charter. [Enacted February 14, 1872.] 

Certain employments of children forbidden. 

Sec. 272. Any person, whether as parent, relative, Mendi- 
guardian, employer, or otherwise, having the care, custody, rooa'tic, 
or control of any child under the age of sixteen years, who occiipa- 
exhibits, uses, or employs, or in any manner, or under any tions - 
pretense, sells, apprentices, gives away, lets out, or disposes 
of any such child to any person, under any name, title, or 
pretense, for or in any business, exhibition, or vocation, 
injurious to the health or dangerous to the life or limb of 
such child, or in or for the vocation, occupation, service, or 
purpose of singing, playing on musical instruments, rope or 
wire walking, dancing, begging, or peddling, or as a gymnast, 
acrobat, contortionist, or rider, in any place whatsoever, or 
for or in any obscene, indecent or immoral purposes, exhibi- 
tion, or practice whatsoever, or for or in any mendicant or 
wandering business whatsoever, or who causes, procures, or 
encourages such child to engage therein, is guilty of a misde- 
meanor, and punishable by a fine of not less than fifty nor 
more than two hundred and fifty dollars, or by imprison- 
ment in the county jail for a term not exceeding six months, 
or by both such fine and imprisonment. Nothing in this 
section contained applies to or affects the employment or use 
of any such child, as a singer or musician in any church, 
school, or academy, or the teaching or learning of the 
science or practice of music ; or the employment of any 
child as a musician at any concert or other musical enter- 
tainment, on the written consent of the mayor of the city 
or president of the board of trustees of the city or towD 
where such concert or entertainment takes place. [Added 
by code amdts., 1875-76, p. 110.] 

This section is constitutional: 86 Pac. Rep. 809. 
Sec. 273. Every person who takes, receives, hires, Hiring, 
employs, uses, exhibits, or has in custody, any child under 
the age, and for any of the purposes mentioned in the pre- 
ceding section, is guilty of a like offense, and punishable by 



28 BUREAU OF LABOR STATISTICS. 

a like punishment as therein provided. [Added by Stats. 
1905, p. 759.] 
sending Sec. 273e. Every telephone, special delivery company or 
senders" association, and every other corporation or person engaged 
in the delivery of packages, letters, notes, messages, or 
other matter, and every manager, superintendent, or other 
agent of such person, corporation, or association, who sends 
any minor in the employ or under the control of any such 
person, corporation, association, or agent, to the keeper of 
any house of . prostitution, variety theater, or other place 
of questionable repute, or to any person connected with, or 
any inmate of, such house, theater, or other place, or who 
permits such minor to enter such house, theater, or other 
place, is guilty of a misdemeanor. [Added by Stats. 1905, 
p. 760.] 
same Sec. 273/ (added by chapter 294, acts of 1907). Any 

su Jec ' person, whether as parent, guardian, employer, or other- 
wise, and any firm or corporation, who as employer or 
otherwise, shall send, direct, or cause to be sent or directed 
to any saloon, gambling house, house of prostitution, or 
other immoral place, any minor under the age of eighteen, 
is guilty of a misdemeanor. 

Negligence of employees on steamboats, etc. 

Negii- g EC# 3g4. Every captain or other person having charge 

captain, of any steamboat used for the conveyance of passengers, or 

steam- °f the boilers and engines thereof, who, from ignorance or 

boats, gross neglect, or for the purpose of excelling any other boat 

in speed, creates, or allows to be created, such an undue 

quantity of steam as to burst or break the boiler, or any 

apparatus or machinery connected therewith, by which 

bursting or breaking human life is endangered, is guilty of 

a felony. [Enacted February 14, 1872.] 

Negii- Sec. 349. Every engineer or other person having charge 

endan- °^ any steam boiler, steam engine, or other apparatus for 

gering generating or employing steam, used in any manufactory, 

railway, or other mechanical works, who wilfully, or from 

ignorance, or gross neglect, creates, or allows to be created 

such an undue quantity of steam as to burst or break the 

boiler or engine, or apparatus, or cause any other accident 

whereby human life is endangered, is guilty of a felony. 

[Enacted February 14, 1872.] 



life. 



LABOR LAWS — PENAL CODE. 29 

Sec. 368. Every person having charge of any steam N< ^ u ~ 
boiler or steam engine, or other apparatus for generating engi- 
or employing steam, used in any manufactory, or on any ^ c ers ' 
railroad, or in any vessel, or in any kind of mechanical 
work, who wilfully, or from ignorance or neglect, creates, 
or allows to be created, such an undue quantity of steam 
as to burst or break the boiler, engine, or apparatus, or to 
cause any other accident whereby the death of a human 
being is produced, is punishable by imprisonment in the 
state prison for not less than one nor more than ten years. 
[Enacted February 14, 1872.] 

Sec. 369. Every conductor, engineer, brakeman, switch- of con- 
man, or other person having charge, wholly or in part, of etc C ,°on 
any railroad, car, locomotive, or train, who wilfully or trains - 
negligently suffers or causes the same to collide with 
another car, locomotive, or train, or with any other object 
or thing whereby the death of a human being is produced, 
is punishable by imprisonment in the state prison for not 
less than one year nor more than ten years. [Enacted 
February 14, 1872.] 
Street cars to be provided with brakes, etc. 

Sec. 369a. Any person, company, or corporation, oper- Brakes 

, „ . . ,-, required. 

atmg cars on the streets of cities or towns, or on the 
county roads within the state, for the conveyance of pas- 
sengers, propelled by means of wire ropes attached to sta- 
tionary engines, or by electricity or compressed air, who 
runs, operates, or uses any car or dummy, unless each car 
and dummy, while in use, is fitted with a brake capable of 
bringing such car to a stop within a reasonable distance, 
and a suitable fender or appliance placed in front or 
attached to the trucks of such dummy or car, for the pur- 
pose of removing and clearing obstructions from the track, 
and preventing any obstacles, obstructions, or person on 
the track from getting under such dummy or car, and 
removing the same out of danger, and out of the way of 
such dummy or car, is guilty of a misdemeanor. Where 
the board of supervisors of any county, or the city council 
or other governing body of any city, by ordinance, order, 
or resolution, prescribe the fender or brake to be used as 
aforesaid, then a compliance with such ordinance, order, 
or resolution must be deemed a full compliance with the 
provisions of this section. [Stats. 1905, p. 766.] 



30 BUREAU OF LABOR STATISTICS. 

Intoxication and negligence of railroad employees. 

Engi- Sec. 369/. Any person employed upon any railroad as 

con- S ' engineer, conductor, baggagemaster, brakeman, switchman, 
ductors, fireman, bridge tender, flagman, or signalman or having 
charge of the regulation or running of trains upon such 
railroad, in any manner whatever, who becomes or is 
intoxicated while engaged in the discharge of his duties, 
is guilty of a misdemeanor ; and if any person so employed 
as aforesaid, by reason of such intoxication, does any act, 
or neglects any duty, which act or neglect causes the death 
of, or bodily injury to, any person or persons, he is guilty 
of a felony. [Added by Stats. 1905, p. 767.] 
Same. Sec. 391. Every person who is intoxicated while in 

charge of a locomotive engine, or while acting as conductor 
or driver upon any railroad train or car, whether propelled 
by steam or drawn by horses, or while acting as train 
dispatcher, or as telegraph operator, receiving or trans- 
mitting dispatches in relation to the movement of trains, 
is guilty of a misdemeanor. [Enacted February 14, 1872.] 
Negii- Sec. 393. Every engineer, conductor, brakeman, switch 

Indan- tender, or other officer, agent, or servant of any railroad 
ff f g ing company, who is guilty of any wilful violation or omission 
of his duty as such officer, agent or servant, whereby human 
life or safety is endangered, the punishment of which is not 
otherwise prescribed, is guilty of a misdemeanor. [Enacted 
February 14, 1872.] 

Misrepresentation — Kind of labor employed 3 

Sec. 349a (as amended Stats, 1911, chapter 181). Any 
person engaged in the production, manufacture, or sale of 
any article of merchandise in this state, who, by any 
imprint, label, trade-mark, tag, stamp, or other inscription 
or device, placed or impressed upon such article, or upon 
the cask, box, case, or package containing the same, mis- 
represents or falsely states the kind, character, or nature 
of the labor employed or used, or the extent of the labor 
employed or used, or the number or kind of persons exclu- 
sively employed or used, or that a particular or distinctive 
class or character of laborers was wholly and exclusively 
employed, when in fact another class, or character, or dis- 
tinction of laborers was used or employed either jointly 
or in any wise supplementary to such exclusive class, char- 



LABOB LAWS — PENAL CODE. 31 

acter, or distinction of laborers, in the production or manu- 
facture of the article to which such imprint, label, trade- 
mark, tag, stamp, or other inscription or device is affixed, 
or upon the cask, box, case or package containing the same, 
is guilty of a misdemeanor, and punishable by a fine of not 
less than one hundred dollars nor more than five hundred 
dollars, or by imprisonment in the county jail for not less 
than twenty nor more than ninety days, or both. [Added 
by Stats, 1905, p. 669.] 

Protection of employees on buildings. 

Sec. 402c. Any person or corporation employing or direct- Un ^ f , e ] 
ing another to do or perform any labor in the construction, ing. etc. 
alteration, repairing, painting or cleaning of any house, 
building or structure within this state, who knowingly or 
negligently furnishes or erects or causes to be furnished or 
erected for the performance of such labor, unsafe or improper 
scaffolding, slings, hangers, blocks, pulleys, stays, braces, 
ladders, irons, ropes or other mechanical contrivances, or wno 
hinders or obstructs any officer attempting to inspect the 
same under the provisions of * * * [section 12 of act 
No. 1828, General Laws] or who destroys, or defaces or 
removes any notice posted thereon by such officer or permits 
the use thereof, after the same has been declared unsafe by 
such officer, contrary to the provisions of said section twelve 
of said act, shall be guilty of a misdemeanor. [Added by 
Stats. 1903, p. 216.] 

Protection of workmen as members of the National 
Guard. 
Sec. 421. No association or corporation shall by any con- piscrim- 
stitution, rule, by-law, resolution, vote or regulation, dis- f 0r - 
criminate against any member of the national guard f bidden - 
California because of his membership therein. Any person 
who wilfully aids in enforcing any such constitution, rule, 
by-law, resolution, vote or regulation against any member of 
said national guard of California, is guilty of a misdemeanor. 
[Added by Stats. 1905, p. 190.] 

Employers to report names of taxable employees. 

Sec. 434. Every person who, when requested by the col- Em- 
lector of taxes or licenses, refuses to give to such collector the toTe"* 
name and residence of each man in his employment, or to port - 



32 BUKEAU OF LABOR STATISTICS. 

give such collector access to the building or place where such 
men are employed, is guilty of a misdemeanor. [Enacted 
February 14, 1872.] 

Employees on public works. 

Eight Sec. 653c. The time of service of any laborer, workman, 

hours ' ■ 

a day's or mechanic employed upon any of the public works of the 
work - State of California, or of any political subdivision thereof, 
or upon work done for said state, or any political subdivision 
thereof, is hereby limited and restricted to eight hours during 
any one calendar day ; and it shall be unlawful for any officer, 
or agent of said state, or of any political subdivision thereof, 
or for any contractor or subcontractor doing work under con- 
tract upon any public works aforesaid, who employs, or who 
directs or controls, the work of any laborer, workman, or 
mechanic, employed as herein aforesaid, to require or permit 
such laborer, workman, or mechanic, to labor more than eight 
hours during any one calendar day, except in cases of extraor- 
dinary emergency, caused by fire, flood, or danger to life 
or property, or except to work upon public, military or naval 
defenses or works in time of war. Any officer or agent of 
the State of California, or of any political subdivision thereof, 
making or awarding, as such officer or agent, any contract, 
the execution of which involves or may involve the employ- 
ment of any laborer, workman, or mechanic upon any of the 
public works, or upon any work, hereinbefore mentioned, 
shall cause to be inserted therein a stipulation which shall 
provide that the contractor to whom said contract is awarded 
shall forfeit, as a penalty, to the state or political subdivi- 
sion in whose behalf the contract is made and awarded, ten 
dollars for each laborer, workman, or mechanic employed, in 
the execution of said contract, by him, or by any subcon- 
tractor under him, upon any of the public works, or upon any 
work, hereinbefore mentioned, for each calendar day during 
which such laborer, workman, or mechanic is required or 
permitted to labor more than eight hours in violation of the 
provisions of this act ; and it shall be the duty of such officer 
or agent to take cognizance of all violations of the provisions 
of said act committed in the course of the execution of said 
contract, and to report the same to the representative of the 
state or political subdivision, party to the contract, author- 
ized to pay to said contractor moneys becoming due to him 
under the said contract, and said representative, when making 



LABOR LAWS — PENAL CODE — APPENDIX. 33 

payment of moneys thus due, shall withhold and retain there- 
from all sums and amounts which shall have been forfeited 
pursuant to the herein said stipulation. Any officer, agent, 
or representative of the State of California, or of any polit- 
ical subdivision thereof, who shall violate any of the provi- 
sions of this section, shall be deemed guilty of misdemeanor, 
and shall upon conviction be punished by fine not exceeding 
five hundred dollars, or by imprisonment, not exceeding six 
months, or by both such fine and imprisonment, in the dis- 
cretion of the court. [Added by Stats. 1905, p. 666.] 

Sec. 653d. Every person who employs laborers upon pub- Retain- 
lic works, and who takes, keeps, or receives for his own use ™ g 

' r mt 7 wages. 

any part or portion of the wages due to any such laborers 
from the state or municipal corporation for which such work 
is done, is guilty of a felony. [Added by Stats. 1905, p. 667.] 

Protection of employees as members of labor organiza- 
tions. 

Sec. 679. Any person, or corporation within this state, or Re- 
agent or officer on behalf of such person or corporation, who ^em- 
shall hereafter coerce or compel any person or persons to pioyees 

. . , , . . from 

enter into an agreement, either written or verbal, not to join me mber- 
or become a member of any labor organization, as a condition ^on 1 
of such person or persons securing employment or continuing 
in the employment of any such person or corporation, shall 
be guilty of a misdemeanor. [Added by Stats. 1893, p. 176.] 

Payment of wages in barrooms, etc. 

Sec. 680. Every person who shall pay any employee his Em- 
wages, or any part thereof, while such employee is in any ^t^be 
saloon, barroom, or other place where intoxicating liquors are paid in 
sold at retail, unless said employee is employed in such rooms, 
saloon, barroom, or such other place where intoxicating 
liquors are sold, shall be deemed guilty of a misdemeanor. 
[Added by Stats. 1901, p. 660.] 

PENAL CODE- APPENDIX. 

(Page 762; Stats. 1903, page 289.) 
Labor combinations not unlawful. 

Section 1. No agreement, combination, or contract by or 
between two or more persons to do or procure to be done, or 

3 — LL 



34 BUREAU OF LABOR STATISTICS. 

Labor not to do or procure not to be done, any act in contemplation 
ments or furtherance of any trade dispute between employers and 
spiraSy." employees in the State of California shall be deemed criminal, 
nor shall those engaged therein be indictable or otherwise 
punishable for the crime of conspiracy, if such act committed 
by one person would not be punishable as a crime, nor shall 
such agreement, combination, or contract be considered as in 
restraint of trade or commerce, nor shall any restraining 
order or injunction be issued with relation thereto. Nothing 
in this act shall exempt from punishment, otherwise than as 
herein excepted, any persons guilty of conspiracy, for which 
punishment is now provided by any act of the legislature, but 
such act of the legislature shall, as to the agreements, com- 
binations, and contracts hereinbefore referred to, be con- 
strued as if this act were therein contained : Provided, that 
nothing in this act shall be construed to authorize force or 
violence, or threats thereof. 

(Page 834; Stats. 1903, page 269.) 
Employment of labor — False representations. 

False Section 1. It shall be unlawful for any person, partner- 

ments. ship, company, corporation, association, or organization of 
any kind, doing business in this state directly or through any 
agent or attorney, to induce, influence, persuade, or engage 
any person to change from one place to another in this state 
or to change from any place in any state, territory, or coun- 
try to any place in this state, to work in any branch of labor, 
through or by means of knowingly false representations, 
whether spoken, written, or advertised in printed form, con- 
cerning the kind or character of such work, the compensation 
therefor, the sanitary conditions relating to or surrounding 

strikes, it, or the existence or non-existence of any strike, lockout, or 
other labor dispute affecting it and pending between the pro- 
posed employer or employers and the persons then or last 
theretofore engaged in the performance of the labor for 
which the employee is sought. 

Penalty. Sec. 2. Any violation of section one or section two hereof 
shall be deemed a misdemeanor, and shall be punished by a 
fine of not exceeding two thousand dollars or by imprison- 
ment for not more than one year, or by both such fine and 
imprisonment. 



LABOR LAWS — GENERAL LAWS. 35 



GENERAL LAWS. 



ACT No. 127. 

(Stats. 1901, page 589.) 
Employment of aliens in public offices. 

Section 1. No person, except a native-born, or natural- Aliens 
ized citizen of the United States, shall be employed in any {^em- 
department of the state, county, city and county, or incor- ployed. 
porated city or town government in this state. 

Sec. 2. It shall be unlawful for any person, whether Officers 
elected, appointed or commissioned to fill any office in either employ 
the state, county, city and county, or incorporated city or al i ens - 
town government of this state, or in any department thereof, 
to appoint or employ any person to perform any duties what- 
soever, except such person be a native-born or naturalized 
citizen of the United States. 

Sec. 3. No money shall be paid out of the state treasury, Pub i ic 
or out of the treasury of any county, or city and county, or^° t n ^ y 
incorporated city or town, to any person employed in any of be pai^ 
the offices mentioned in section two of this act, except such a iens ' 
person shall be a native-born or naturalized citizen of the 
United States. 

ACT No. 219. 

(Stats. 1891, page 49.) 
State board of arbitration and conciliation. 

Section 1. On or before the first day of May of each Quaim- 
year, the governor of the state shall appoint three competent of ^em- 
persons to serve as a state board of arbitration and con- bers - 
ciliation. One shall represent the employers of labor, one 
shall represent labor employees, and the third member shall 
represent neither, and shall be chairman of the board. They 
shall hold office for one year and until their successors are 
appointed and qualified. If a vacancy occurs, as soon as pos- 
sible thereafter the governor shall appoint some one to serve 
the unexpired terms ; provided, however, that when the parties 
to any controversy or difference, as provided in section two 
of this act, do not desire to submit their controversy to the 



36 BUREAU OF LABOR STATISTICS. 

special state board, they may by agreement each choose one person, 
and the two shall choose a third, who shall be chairman and 
umpire, and the three shall constitute a board of arbitration 
and conciliation for the special controversy submitted to it, 
and shall for that purpose have the same powers as the state 
board. The members of the said board or boards, before 
entering upon the duties of their office, shall be sworn to 
faithfully discharge the duties thereof. They shall adopt 
such rules of procedure as they may deem best to carry out 
the provisions of this act. 

Duties Sec. 2. Whenever any controversy or difference exists 

oar between an employer, whether an individual, copartnership, 
or corporation, which if not arbitrated, would involve a strike 
or lockout, and his employees, the board shall, upon applica- 
tion, as hereinafter provided, and as soon as practicable 
thereafter, visit, if necessary, the locality of the dispute and 
make careful inquiry into the cause thereof, hear all persons 
interested therein who may come before them, advise the 
respective parties what, if anything, ought to be done or sub- 
mitted to by either, or both, to adjust said dispute and make 
a written decision thereof. This decision shall at once be 
made public, and shall be recorded upon proper books of 
record to be kept by the board. 

Appiica- Sec. 3. Said application shall be signed by said employer, 
or by a majority of his employees in the department of the 
business in which . the controversy or difference exists, or 
their duly authorized agent, or by both parties, and shall 
contain concise statement of the grievances complained of, 
and a promise to continue on in business or at work, without 
any lockout or strike, until the decision of said board, which 
must, if possible, be made within three weeks of the date of 
filing the application. Immediately upon receipt of said 

Hearing, application, the chairman of said board shall cause public 
notice to be given of the time and place for hearing. Should 
the petitioners fail to keep the promise made therein, the 
board shall proceed no further thereupon without the written 
consent of the adverse party. And the party violating the 
contract shall pay the extra cost of the board entailed thereby. 
The board may then reopen the case and proceed to the final 
arbitration thereof as provided in section two hereof. 

Decision. Sec. 4. The decision rendered by the board shall be bind- 
ing upon the parties who join in the application for six 



LABOR LAWS — GENERAL LAWS. 37 

months, or until either party has given the other a written 
notice of his intention not to be further bound by the condi- 
tions thereof after the expiration of sixty days or any time 
agreed upon by the parties, which agreement shall be entered 
as a part of the decision. Said notice may be given to the 
employees by posting a notice thereof in three conspicuous 
places in the shop or factory where they work. 

Sec. 5. Both employers and employees shall have the Com- 
right at any time to submit to the board complaints or maybe 
grievances and ask for an investigation thereof. The board sub- , 

mitted. 

shall decide whether the complaint is entitled to a public 
investigation, and if they decide in the affirmative, they shall 
proceed to hear testimony, after giving notice to all parties 
concerned, and publish the result of their investigations as 
soon as possible thereafter. 

Sec. 6. The arbitrators hereby created shall be paid five Expense 
dollars per day for each day of actual service, and also their byTtate. 
necessary traveling and other expenses incident to the duties 
of their office shall be paid out of the state treasury ; but the 
expenses and salaries hereby authorized shall not exceed the 
sum of twenty-five hundred dollars for the two years. 

ACT No. 1098. 

(Stats. 1889, page 3.) 

Sanitation and ventilation of factories and workshops. sanita- 

Section 1. Every factory, workshop, mercantile or tlon - 
other establishment, in which five or more persons are 
employed, shall be kept in a cleanly state and free from 
the effluvia arising from any drain, privy, or other nuisance, 
and shall be provided, within reasonable access, with a 
sufficient number of water-closets or privies for the use 
of the persons employed therein. Whenever the persons 
employed as aforesaid are of different sexes, a sufficient 
number of separate and distinct water-closets or privies 
shall be provided for the use of each sex, which shall be 
plainly so designated, and no person shall be allowed to 
use any water-closet or privy assigned to persons of the 
other sex. 

Sec. 2. Every factory or workshop in which five or more Ventua- 
persons are employed shall be so ventilated while work is ' 
carried on therein that the air shall not become so exhausted 



38 BUREAU OF LABOR STATISTICS. 

as to be injurious to the health of the persons employed 
therein, and shall also be so ventilated as to render harm- 
less, as far as practicable, all the gases, vapors, dust, or 
other impurities generated in the course of the manufac- 
turing process or handicraft carried on therein, that may 
be injurious to health. 
Use of Sec. 3. No basement, cellar, underground apartment, or 
cellars. f. ner pi ace which the commission of the bureau of labor 
statistics shall condemn as unhealthful and unsuitable, shall 
be used as a workshop, factory, or place of business in which 
any person or persons shall be employed. 
Exhaust Sec. 4 (as amended, Stats. 1909, p. 43). In any factory, 
workshop, or other establishment where a work or process 
is carried on by which dust, filaments, or injurious gases are 
produced or generated, that are liable to be inhaled by per- 
sons employed therein, the person, firm, or corporation, by 
whose authority the said work or process is carried on, shall 
cause to be provided and used in said factory, workshop or 
other establishment, exhaust fans or blowers with pipes 
and hoods extending therefrom to each machine, contrivance 
or apparatus by which dust, filaments, or injurious gases 
are produced or generated. The said fans and blowers, 
and the said pipes and hoods, all to be properly fitted and 
adjusted and of power and dimensions sufficient to effectually 
prevent the dust, filaments, or injurious gases produced or 
generated by the above said machines, contrivances or 
apparatus, from escaping into the atmosphere of the room or 
rooms of said factory, workshop or other establishment where 
persons are employed. 
seats *Sec. 5 (as amended, Stats. 1903, p. 14). Every person, 

female firm, or corporation employing females in any maufactur- 
e ioyees mg ' mechanical, or mercantile establishment shall provide 
suitable seats for the use of the females so employed, and 
shall provide such seats to the number of at least one third 
the number of females so employed ; and shall permit the use 
of such seats by them when they are not necessarily engaged 
in the active duties for which they are employed. 
Penalty. Sec. 6 (as amended, Stats. 1901, p. 572). Any person 
or corporation violating any of the provisions of this act 
is guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not less than fifty dollars nor 



*Superseded by Stats. 1913, chap. 352. 



LABOR LAWS — GENERAL LAWS. 39 

more than three hundred dollars, or by imprisonment in 
the county jail for not less than thirty days nor more than 
ninety days, or by both such fine and imprisonment, for each 
offense. 

Sec. 7. It shall be the duty of the commissioner of the Enforce 
bureau of labor statistics to enforce the provisions of this ment - 
act. 

Sec. 8. This act shall take effect and be in force from 
and after its passage. 

ACT No. 1611. 

(Stats. 1905, page 11; entire statute re-enacted Stats. 1911, 
chapter 456.) 

Child labor law. (See Stats. 1913, chapter 214.) 

The above statute was declared constitutional in a unani- 
mous opinion of the State Supreme Court in the case of 
Ex parte Spencer, decided July 9, 1906, 86 Pac. Rep. 896. 

ACT No. 1733. 

(Stats. 1909, page 227.) 
Japanese — Statistics concerning. 

Section 1. Upon this act becoming effective the governor 
shall direct the state labor commissioner to immediately 
undertake and complete as soon as possible the gathering 
and compiling of statistics and such other information 
regarding the Japanese of this state as may be useful to 
the governor in making a proper report to the president 
of the United States and to congress, and in furnishing to 
the people of this state and elsewhere a comprehensive 
statement of such conditions as actually exist. Upon the 
order of the governor such statistics and information shall 
be printed and distributed. 

Sec. 2. The sum of ten thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out of 
any money in the state treasury not otherwise appropriated 
to carry out the provisions of this act. And the controller 
is hereby authorized to draw his warrants for the sum 
herein made available, and the state treasurer is hereby 
directed to pay the same. 

Sec. 3. This act shall take effect immediately. 



40 



BUEEAU OF LABOR STATISTICS. 



ACT No. 1734. 

(Stats. 1909, page 719.) 
Japanese — Records to be kept. 

Section 1. It is hereby declared to be the duty of all 
officers of this state and all officers of each respective 
county, city, or city and county, in addition to their other 
duties, to keep such records as shall be required under the 
provisions of an act entitled "An act to provide for the 
gathering, compiling, printing and distribution of statistics 
and information regarding the Japanese of the state, and 
making an appropriation therefor," and to furnish to the 
commissioner of the bureau of labor statistics, upon request, 
whatever data it may be necessary for the commissioner to 
acquire in complying with the provisions of said act. 

Sec. 2. This act shall take effect immediately. 



Commis- 
sioner. 



Term 
of office. 



Official 
bond. 



ACT No. 1828. 

(Stats. 1883, page 27.) 
Bureau of labor statistics. 

Section 1 (as amended, Stats. 1911, chap. 21). As 
soon as possible after the passage of this act, the governor 
of the state shall appoint a suitable person to act as com- 
missioner of a bureau of labor statistics. The headquarters 
of said bureau shall be located in the city and county of 
San Francisco. Said commissioner shall hold office and 
serve solely at the pleasure of the governor, and not 
otherwise. 

Sec. 2. The commissioner of the bureau, before entering 
upon the duties of his office, must execute an official bond 
in the sum of five thousand (5,000) dollars, and take the 
oath of office, all as prescribed by the Political Code for 
state officers in general. 

Sec. 3. The duties of the commissioner shall be to collect, 
assort, systematize, and present, in biennial reports to the 
legislature, statistical details, relating to all departments of 
labor in the state, such as the hours and wages of labor, cost 
of living, amount of labor required, estimated number of 
persons depending on daily labor for their support, the prob- 
able chances of all being employed, the operation of labor- 



LABOR LAWS — GENERAL LAWS. 41 

saving machinery in its relation to hand labor, etc. Said 
statistics may be classified as follows : 

First — In agriculture. Classes 

Second — In mechanical and manufacturing industries. rr^ 

Third — In mining. 

Fourth — In transportation on land and water. 

Fifth — In clerical and all other skilled and unskilled labor 
not above enumerated. 

Sixth — The amount of cash capital invested in lands, 
buildings, machinery, material, and means of production 
and distribution generally. 

Seventh — The number, age, sex, and condition of persons 
employed ; the nature of their employment ; the extent to 
which the apprenticeship system prevails in the various 
skilled industries ; the number of hours of labor per day ; 
the average length of time employed per annum, and the 
net wages received in each of the industries and employ- 
ments enumerated. 

Eighth — The number and condition of the unemployed, 
their age, sex, and nationality, together with the cause of 
their idleness. 

Ninth — The sanitary condition of lands, workshops, dwell- 
ings ; the number and size of rooms occupied by the poor, 
etc. ; the cost of rent, fuel, food, clothing, and water in 
each locality of the state ; also the extent to which labor- 
saving processes are employed to the displacement of hand 
labor. 

Tenth — The number and condition of the Chinese in the 
state ; their social and sanitary habits ; number of married 
and of single ; the number employed, and the nature of their 
employment ; the average wages per day at each employment, 
and the gross amount yearly ; the amounts expended by them 
in rent, food, and clothing, and in what proportion such 
amounts are expended for foreign and home productions, 
respectively ; to what extent their employment comes in 
competition with the white industrial classes of the state. 

Eleventh — The number, condition and nature of the 
employment of the inmates of the state prisons, county jails, 
and reformatory institutions, and to what extent their 
employment comes in competition with the labor of 
mechanics, artisans and laborers outside of these institutions. 



42 BUREAU OF LABOR STATISTICS. 

Twelth — All such other information in relation to labor 
as the commissioner may deem essential to further the object 
sought to be obtained by this statute, together with such 
strictures on the condition of labor and the probable future 
of the same as he may deem good and salutary to insert in 
his biennial reports. 
Duties Sec. 4. It shall be the duty of all officers of state 
officers! departments, and the assessors of the various counties of 
the state, to furnish, upon the written request of the com- 
missioner, all the information in their power necessary to 
assist in carrying out the objects of this act ; and all print- 
ing required by the bureau in the discharge of its duty 
shall be performed by the state printing department, and 
at least three thousand (3,000) copies of the printed report 
shall be furnished the commissioner for free distribution 
to the public. 
Hinder- Sec. 5. Any person who wilfully impedes or prevents 
commis- ^ e comm i ss i° ner > or his deputy, in the full and free per- 
sioner. formance of his or their duty, shall be guilty of a misde- 
meanor, and upon conviction of the same shall be fined not 
less than ten (10) nor more than fifty (50) dollars, or 
imprisoned not less than seven (7) nor more than thirty 
(30) days in the county jail, or both. 
infor- Sec. 6. The office of the bureau shall be open for busi- 

mation ness f rom n i ne (9) o'clock a. m. until five (5) o'clock p. m. 
fur- every day except non-judicial days, and the officers thereof 
shall give to all persons requesting it all needed information 
which they may possess. 
W it- Sec. 7 (as amended, Stats. 1889, p. 6). The commis- 

nesses. s j oner shall have power to send for persons and papers 
whenever in his opinion it is necessary, and he may examine 
witnesses under oath, being hereby qualified to administer 
the same in the performance of his duty, and the testimony 
so taken must be filed and preserved in the office of said 
commissioner. He shall have free access to all places and 
Access works of labor, and any principal, owner, operator, manager, 
tories. or ^ essee °f anv mine, factory, workshop, warehouse, manu- 
facturing or mercantile establishment, or any agent or 
employee of such principal, owner, operator, manager, or 
lessee who shall refuse to said commissioner, or his duly 
authorized representative, admission therein, or who shall, 
when requested by him wilfully neglect or refuse to furnish 



LABOR LAWS — GENERAL LAWS. 43 

to him any statistics or information, pertaining to his lawful 
duties, which may be in the possession or under the control 
of said principal, owner, operator, lessee, manager or agent 
thereof, shall be punished by a fine of not less than fifty nor 
more than two hundred dollars. 

Sec. 8 (as amended, Stats. 1889, p. 7). No use shall be infor- 
made in the reports of the bureau of the names of indi- oonfi- 
viduals, firms, or corporations supplying the information dentlaL 
called for by this act, such information being deemed confi- 
dential, and not for the purpose of disclosing any person's 
affairs ; and any agent or employee of said bureau violating 
this provision shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine not to 
exceed five hundred dollars or by imprisonment in the county 
jail not to exceed six months. 

Sec. 9 (as amended, Stats. 1889, p 7; 1907, pp. 306, 307; D e P u- 
1909, p. 36; 1911, chap. 634). The commissioner shall ties> 
appoint two deputies, who shall have the same power as 
said commissioner, one of whom shall reside in the city 
and county of San Francisco and the other in the city of 
Los Angeles ; one assistant deputy, who shall reside in the Assist- 
county of Los Angeles ; a statistician ; a stenographer, and 
such agents or assistants, as he may from time to time 
require, at such rate of wages as he may prescribe, but 
said rate must not exceed five dollars per day, and actual 
traveling expenses for each person while employed. He 
shall procure rooms necessary for offices, at a rent not to 
exceed the sum of one hundred and fifty dollars per month. 

Sec. 10 (as amended, Stats. 1889, p. 7; 1907, pp. 306. salaries. 
307; 1909, p. 36; 1911, chap. 634). The salary of the 
commissioner shall be three thousand dollars per annum, 
the salary of each deputy commissioner shall be twenty-four 
hundred dollars per annum, the salary of the assistant 
deputy shall be twenty-one hundred dollars per annum, the 
salary of the statistician shall be twenty-one hundred dollars 
per annum, the salary of the stenographer shall be twelve 
hundred dollars per annum, to be audited by the controller 
and paid by the state treasurer in the same manner as 
other state officers. There shall also be allowed a sum not 
to exceed twenty thousand dollars per annum for salaries 
of agents or assistants, for traveling expenses, and for 
other contingent expenses of the bureau. 



44 BUREAU OF LABOR STATISTICS. 

ttonof" Sec * 12 ^ as amended > State - 1901 > P- 12 )- Whenever 
scaffold- complaint is made to the commissioner that the scaffolding, 
or the slings, hangers, blocks, pulleys, stays, braces, ladders, 
irons, or ropes of any swinging or stationary scaffolding used 
in the construction, alteration, repairing, painting, cleaning, 
or painting of a building are unsafe or liable to prove danger- 
ous to the life or limb of any person, such commissioner shall 
immediately cause an inspection to be made of the scaffold- 
ing or the slings, hangers, blocks, pulleys, stays, braces, 
ladders, irons, or other parts connected therewith. If after 
examination such scaffolding or any of such parts is found 
dangerous to life or limb, the commissioner shall prohibit 
the use thereof, and require the same to be altered and 
reconstructed so as to avoid such danger. The commissioner, 
deputy commissioner, or agent or assistant making the 
examination shall attach a certificate to the scaffolding, 
or the slings, hangers, irons, ropes, or other parts thereof, 
examined by him, stating that he has made such examina- 
tion and that he found it. safe or unsafe as the case may 
be. If he declared it unsafe, he shall at once, in writing, 
notify the person responsible for its erection of the fact 
and warn him against the use thereof. Such notice may 
be served personally upon the person responsible for its 
erection or by conspicuously affixing to the scaffolding or 
the part thereof declared to be unsafe. After such notice 
has been so served or affixed the person responsible therefor 
shall immediately remove such scaffolding or part thereof 
and alter or strengthen it in such a manner as to render it 
safe, in the discretion of the officer who has examined it or 
of his superiors. The commissioner, his deputy, and any 
duly authorized representative whose duty it is to examine 
or test any scaffolding or part thereof as required by this 
section, shall have free access, at all reasonable hours, to 
any building or premises containing them or where they 
may be in use. All swinging and stationary scaffolding 
shall be so constructed as to bear four times the maximum 
weight required to be dependent therefrom and placed 
thereon, when in use, and not more than four men shall 
be allowed on any swinging scaffolding at one time. 
This act shall take effect immediately. 



LABOR LAWS — GENERAL LAWS. 45 

ACT No. 1830. 

(Stats. 1909, page 546.) 
Unlawful wearing of union button. 

Section 1. Any person who shall wilfully wear the button 
of any labor union of this state, unless entitled to wear said 
button under the rules of such union, shall be guilty of a 
misdemeanor, and, upon conviction, shall be punished by 
imprisonment for a term not to exceed twenty days in the 
county jail or by a fine not to exceed twenty dollars, or by 
both such fine and imprisonment. 

ACT No. 1831. 

(Stats. 1909, page 668.) 
Unlawful using of union card. 

Section 1. Any person who shall wilfully use the card 
of any labor union to obtain aid, assistance or employment, 
thereby within this state, unless entitled to use the said card 
under the rules and regulations of a labor union within this 
state, shall be guilty of a misdemeanor. 

Sec. 2. All acts, and parts of acts, in conflict with the 
provisions of this act, are hereby repealed. 

ACT No. 2062. 

(Stats. 1909, page 400.) 
Shoddy — Labeling of. 

Section 1. All persons manufacturing in this state, in 
whole or in part, any article of hotel, boarding house, lodging 
house or domestic or office furniture, or beds or mattresses, or 
cushions, used or intended to be or that could be used by 
human beings, that are stuffed or made in whole or in part, 
with material composed in whole or in part from second-hand 
or cast-off clothing, rags, or second-hand, or cast-off material 
of any character whatever, or with shoddy, shall at the time 
of the completion of such manufacture attach to a conspicuous 
place upon each of such articles so manufactured by him, a 
label or stamp showing the correct character of the materials 
with which the cushion portion of such articles of furniture 
or beds or cushions or mattresses are stuffed, and no person so 
manufacturing any such articles shall allow the same or any 



46 BUREAU OF LABOR STATISTICS. 

thereof to leave his possession in the course of trade or 
business unless such label or stamp is so affixed, ?nd no per- 
son shall sell, or offer for sale, in this state any of such 
articles of furniture, or beds, or mattresses, or cushions, 
whether the same are manufactured in this state or not, 
unless such a label or stamp is so affixed. 

Sec. 2. Any person violating any of the provisions of this 
act shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less than fifty, nor 
more than five hundred dollars, or imprisoned not more than 
six months, or by both such fine and imprisonment. 

Sec. 3 (as amended, Stats. 1911, chap. 73). It shall oe 
the duty of the commissioner of the bureau of labor statistics 
to enforce the provisions of this act. The commissioner, his 
deputies and agents shall have all powers and authority of 
sheriffs to make arrests for violations of the provisions of 
this act. 

ACT No. 2137. 

(Stats. 1893, page 54.) 
Weekly day of rest. 
one Section 1. Every person employed in any occupation of 

rest'in labor sna11 De entitled to one day's rest therefrom in seven, 
seven. an( j ft s hall be unlawful for any employer of labor to cause 
his employees, or any of them, to work more than six days in 
seven ; provided, however, that the provisions of this section 
shall not apply to any case of emergency. 
Appiica- Sec. 2. For the purposes of this act, the term day's rest 
tionof shall mean and apply to all cases, whether the employee is 
engaged by the day, week, month, or year, and whether the 
work performed is done in the day or night time. 
viola- Sec. 3. Any person violating the provisions of this act 

tion ' shall be deemed guilty of a misdemeanor. 

ACT No. 2141. 

(Stats. 1909, page 157; entire act amended, Stats. 1911, 
chapter 590.) 

Protection of workmen on buildings. 

Section 1. Any building more than two stories high in 

the course of construction shall have the joists, beams or 

girders of each and every floor below the floor or level where 



LABOR LAWS GENERAL LAWS. 47 

any work is being done, or about to be done, covered with 
flooring laid close together, or with such other suitable 
material to protect workmen engaged in such building from 
falling through joists or girders, and from falling planks, 
bricks, rivets, tools, or any other substance whereby life and 
limb are endangered. 

Sec. 2. Such flooring shall not be removed until the same 
is replaced by the permanent flooring in such building. 

Sec. 3. It shall be the duty of the general contractor 
having charge of the erection of such building to provide for 
the flooring as herein required, or to make such arrange- 
ments as may be necessary with subcontractors in order that 
the provisions of this act may be carried out. 

Sec. 4. It shall be the duty of the owner or the agent of 
the owner of such building to see that the general contractor 
or subcontractors carry out the provisions of this act. 

Sec. 5. Should the general contractor or subcontractors 
of such building fail to provide for the flooring of such build- 
ing, as herein provided, then it shall be the duty of the owner 
or the agent of the owner of such building to see that the 
provisions of this act are carried out. 

Sec. 6. Failure upon the part of the owner, agent of the 
owner, general contractor, or subcontractors to comply with 
the provisions of this act shall be deemed a misdemeanor and 
shall be punishable as such. 

Sec. 7. This act shall take effect within sixty days. 

ACT No. 2223. 

(Stats. 1873-74, page 726.) 

Mine regulations — Coal mines. 

Section 1. The owner or agent of every coal mine shall Map. 
make or cause to be made an accurate map or plan of the 
workings of such coal mine, on a scale of one hundred feet to 
the inch. 

Sec. 2. A true copy of which map or plan shall be kept same 
at the office of the owner or owners of the mine, open to the^p^^, 
inspection of all persons, and one copy of such map or plan*?^ 60 - 
shall be kept at the mines by the agent or other person 
having charge of the mines, open to the inspection of the 
workmen. 



48 BUREAU OF LABOR STATISTICS. 

<fhaft Pe ^ EC * ^* r ^^ e owner or a § en t of every coal mine shall pro- 
vide at least two shafts or slopes, or outlets, separated by 
natural strata of not less than one hundred and fifty feet in 
breadth, by which shafts, slopes, or outlets distinct means 
of ingress and egress are always available to the persons 
employed in the coal mine ; provided, that if a new tunnel, 
slope, or shaft will be required for the additional opening, 
work upon the same shall commence immediately after the 
passage of this act, and continue until its final completion, 
with reasonable dispatch. 
ventiia- Sec. 4. The owner or agent of every coal mine shall pro- 
tion. Y ^ e an( j es tablish for every such mine an adequate amount 
of ventilation, of not less than fifty-five cubic feet per second 
of pure air, or thirty-three hundred feet per minute, for every 
fifty men at work in such mine, and as much more as cir- 
cumstances may require, which shall be circulated through 
to the face of each and every working place throughout the 
entire mine, to dilute and render harmless and expel there- 
from the noxious, poisonous gases, to such an extent that 
the entire mine shall be in a fit state for men to work 
therein, and be free from danger to the health and lives of 
the men by reason of said noxious and poisonous gases, and 
all workings shall be kept clear of standing gas. 
inspec- Sec. 5. To secure the ventilation of every coal mine, and 
overseer, provide for the health and safety of the men employed therein, 
otherwise and in every respect, the owner, or agent, as the 
case may be, in charge of every coal mine, shall employ a 
competent and practical inside overseer, who shall keep a 
careful watch over the ventilating apparatus, over the air 
ways, the traveling ways, the pumps and slumps, the timber- 
ing, to see as the miners advance in their excavations that all 
loose coal, slate, or rock overhead is carefully secured against 
falling ; over the arrangements for signaling from the bottom 
to the top, and from the top to the bottom of the shaft or 
slope, and all things connected with the ['and] appertaining 
to the safety of the men at work in the mine. He, or his 
assistants, shall examine carefully the workings of all mines 
generating explosive gases, every morning before the miners 
enter, and shall ascertain that the mine is free from danger, 
and the workmen shall not enter the mine until such exam- 
ination has been made and reported, and the cause of danger, 
if any, be removed. 



LABOR LAWS GENERAL LAWS. 49 

Sec. 6. The overseer shall see that hoisting machinery is foisting 
kept constantly in repair and ready for use, to hoist the cfaineiy. 
workmen in or out of the mine. 

Sec. 7. The word "owner" in this act shall apply to lessee owner 

, , defined. 

as well. 

Sec. 8. For any injury to person or property occasioned Action 
by any violation of this act, or any wilful failure to comply injuries, 
with its provisions, a right of action shall accrue to the 
party injured for any direct damages he or she may have 
of the overseer of any coal mine, he shall be liable to convic- 
tion of misdemeanor, and punished according to law ; pro- Negii- 
of the overseer of any coal mine, he shall be liable to convic- o?erseef. 
tion of misdemeanor, and punished according to law; pro- 
vided, that if such wilful failure or negligence is the cause of 
the death of any person, the overseer, upon conviction, shall 
be deemed guilty of manslaughter. 

Sec. 10. All boilers used for generating steam in and Boilers. 

about coal mines shall be kept in good order, and the owner 

or agent thereof shall have them examined and inspected, by 

a competent boilermaker, as often as once in three months. 

Sec. 11. This act shall not apply to opening a new coal Excep- 
tion. 
mine. 

ACT No. 2224. 

(Stats. 1881, page 81.) 
Miners' hospital. 

Section 1. There shall be erected, as soon as conveniently object. 
may be, upon some suitable site, * * * a public hospital 
and asylum for the reception, care, medical, and surgical 
treatment, and relief of the sick, injured, disabled, and aged 
miners, which shall be known as the "California State Miners' 
Hospital and Asylum." 

Sec. 5. Indigent miners shall be charged for medical at- charges, 
tendance, surgical operations, board, and nursing while resi- 
dents in the hospital and asylum, no more than the actual 
cost ; paying patients, whose friends can pay their expenses, 
and who are not chargeable upon townships and counties, 
shall pay according to the terms directed by the trustees. 

Sec. 6. The several boards of supervisors of counties, or Patient3 
any constituted authority in the state having care and charge c^ ties 
of any indigent sick, or aged person or persons, if satisfac- etc - 
torily proven by them to have been miners, shall have author- 

4 — LL 



50 BUREAU OF LABOR STATISTICS. 

ity to send to the ''California State Miners' Hospital and 
Asylum" such persons, and they shall be severally chargeable 
with the expenses of the care, maintenance,, and treatment, 
and removal to and from the hospital and asylum of such 
patients. 

ACT No. 2225. 

(Stats. 1893, page 82.) 
Mine regulations — Signals. 
Mine Section 1. Every person, company, corporation, or indi- 

signais. yj^gQ operating any mine within the State of California — 
gold, silver, copper, lead, coal, or any other metal or sub- 
stance where it is necessary to use signals by means of bell 
or otherwise for shafts, inclines, drifts, crosscuts, tunnels, 
and underground workings — shall, after the passage of this 
bill, adopt, use, and put in force the following system or 
code of mine bell signals, as follows : 
1 bell, to hoist. (See Rule 2.) 

1 bell, to stop if in motion. 

2 bells, to lower. (See Rule 2.) 

3 bells, man to be hoisted; run slow. (See Rule 2.) 

4 bells, start pump, if not running, or stop pump if run- 
ning. 

5 bells, send down tools. (See Rule 4.) 

6 bells, send down timbers. (See Rule 4.) 

7 bells, accident ; move bucket or cage by verbal orders 
only. 

1 — 3 bells, start or stop air compressor. 

1 — 4 bells, foreman wanted. 

2 — 1 — 1 bells, done hoisting until called. 

2 — 1 — 2 bells, done hoisting for the day. 

2 — 2 — 2 bells, change buckets from ore to water, or vice 
versa. 

3 — 2 — 1 bells, ready to shoot in the shaft. (See Rule 3.) 

Engineer's signal, that he is ready to hoist, is to raise the 
bucket or cage two feet and lower it again. (See Rule 3.) 

Levels shall be designated and inserted in notice herein- 
after mentioned. (See Rule 5.) 

Sec. 2. For the purpose of enforcing and properly under- 
standing the above code of signals, the following rules are 
hereby established : 



LABOR LAWS — GENERAL LAWS. 51 

Rule 1. — In giving signals make strokes on bell at regular Rules, 
intervals. The bar ( — ) must take the same time as for one 
stroke of the bell, and no more. If timber, tools, the fore- 
man, bucket, or cage, are wanted to stop at any level in the 
mine, signal by number of strokes on the bell, the number of 
the level first before giving the signal for timber, tools, etc. 
Time between signals to be double bars ( ). Examples: 

6 5, would mean stop at sixth level with tools. 

4 1 — 1 1, would mean stop at fourth level, man 

on, hoist. 

2 1 — 4, would mean stop at second level with foreman. 

R u l e 2. — No person must get on or off the bucket or cage 
while the same is in motion. When men are to be hoisted, 
give the signal for men. Men must then get on bucket or 
cage, then give the signal to hoist. Bell cord must be in 
reach of man on the bucket or cage at stations. 

Rule 3. — After signal k 'Ready to shoot in shaft," engineer 
must give his signal when he is ready to hoist. Miners must 
then give the signal of "men to be hoisted," then "spit fuse," 
get into the bucket, and give the signal to hoist. 

Rule //. — All timbers, tools, etc., "longer than the depth of 
the bucket," to be hoisted or lowered, must be securely lashed 
at the upper end to the cable. Miners must know they will 
ride up or down the shaft without catching on rocks or tim- 
bers, and be thrown out. 

Rule 5. — The foreman will see that one printed sheet of 
these signals and rules for each level and one for the engine 
room are attached to a board not less than twelve inches wide 
by thirty-six inches long, and securely fasten the board up 
where signals can be easily read at the places above stated. 

Rule 6. — The above signals and rules must be obeyed. Any 
violation will be sufficient grounds for discharging the party 
or parties so doing. No person, company, corporation, or 
individuals operating any mine within the State of California 
shall be responsible for accidents that may happen to men 
disobeying the above rules and signals. Said notice and rules 
shall be signed by the person or superintendent having charge 
of the mine, who shall designate the name of the corporation 
or the owner of the mine. 

Sec. 3. Any person or company failing to carry out any Liability 
of the provisions of this act shall be responsible for all dam-^tion 
ages arising to or incurred by any person working in said 
mine during the time of such failure. 



52 BUREAU OF LABOR STATISTICS. 

ACT No. 2230. 

(Stats. 1909, page 279.) 

Hours of labor in mines and smelting works. (See Stats. 

1913, chapter 186.) 

The foregoing statute was held to be constitutional: Ex 
parte Martin, 106 Pac. Rep. 235. 



Vacations. 



ACT No. 2553. 

(Stats. 1909, page 383.) 



vaca- Section 1. Each employee regularly employed at the state 

state hospitals and each employee regularly employed in the service 
pioyees. of an y of the state commissions or state boards or in the state 
printing office who shall have been employed for a period of 
not less than six months shall be allowed, during each year 
of his service, a vacation of not less than fifteen days' dura- 
tion ; said vacation to be without loss of pay, and the time 
allowed for said vacation to be designated by the manage- 
ment of such state hospitals, and by the members of the state 
commissions and state boards and by the superintendent of 
state printing. 

Sec. 2. This act shall take effect immediately. 

ACT No. 2665. 

(Stats. 1905, page 28.) 
Hours of labor of drug clerks. 
Limit Section 1. As a measure for the protection of public 

hours health, no person employed by any person, firm or corpora- 
per day. tion, shall for more than an average of ten hours a day or 
sixty hours a week of six consecutive calendar days perform 
the work of selling drugs or other medicines, or compounding 
physicians' prescriptions, in any store, establishment or place 
of business, where and in which drugs or medicines are sold 
at retail, and where and in which physicians' prescriptions 
are compounded ; provided, that the answering of and attend- 
ing to emergency calls shall not be construed as a violation of 
this act. 
Employ- Sec. 2. No person, firm or corporation employing another 
stricted. person to do work which consists wholly or in part of selling, 
at retail, drugs or medicines, or of compounding physicians' 



LABOR LAWS GENERAL LAWS. 53 

prescriptions, in any store, or establishment or place of busi- 
ness where or in which medicines are sold and where and in 
which physicians' prescriptions are compounded shall require 
or permit said employed person to perform such work for 
more than an average of ten hours a day, or sixty hours a 
week of six consecutive calendar days. 

Sec. 3. Any person, firm or corporation violating any ofvioia- 
the provisions of this act shall be deemed guilty of misde- 
meanor and shall be punished therefor by a fine not less than 
twenty dollars nor more than fifty dollars or by imprison- 
ment for not exceeding sixty days, or by both such fine and 
imprisonment, at the discretion of the court. 

Sec. 5. (added Stats. 1907, pp. 273, 274). The commis- Enforce- 
sioners of the state bureau of labor statistics are [sic] hereby 
authorized, directed and empowered to enforce the provisions 
of this act. 

ACT No. 2838. 
(Stats. 1883, page 366.) 
Plumbers to be registered. 

Section 1. Every master or journeyman plumber carry- Regis- 
ing on his trade shall, under such rules and regulations as the required, 
board of health of such county, or city and county, shall 
prescribe, register his name and address at the health office 
of such county, or city and county ; and after the said date it 
shall not be lawful for any person to carry on the trade of 
plumbing in any county, or city and county, unless his name 
and address be registered as above provided. 

Sec. 2. A list of the registered plumbers shall be published List to 
in the yearly report of the health office. lished. 

ACT No. 2839. 

(Stats. 1885, page 12.) 
Examination and licensing of plumbers. 

Section 1. It shall not be lawful for any person to carry License 
on business, or labor as a master or journeyman plumber, j n reaunec - 
any incorporated city, or in any city and county, in this state 
until he shall have obtained from the board of health of said 
city or city and county a license authorizing him to carry on 
business, or labor as such mechanic. A license so to do shall Exami- 
be issued only after a satisfactory examination by the board natlon - 



54 BUREAU OF LABOR STATISTICS. 

of each applicant upon his qualifications to conduct such 
business or to so labor. All applications for license, and all 
licenses issued, shall state the name in full, age, nativity, and 
place of residence of the applicant or person so licensed. It 
shall be the duty of the secretary of each board of health to 
keep a record of all such licenses issued, together with an 
alphabetical index to the same. 
List. Sec. 2. A list of all licensed plumbers shall be published 

in the yearly report of the health officer or board of health. 

ACT No. 2894. 

(Stats. 1897, page 90.) 
Rate of wages of employees on public works. 
$2 a Section 1. The minimum compensation to be paid for 

wage mUrr labor upon all work performed under the direction, control, 
or by the authority of any officer of this state acting in his 
official capacity, or under the direction, control, or by the 
authority of any municipal corporation within this state, or 
of any officer thereof acting as such, is hereby fixed at two 
(2) dollars per day; and a stipulation to that effect must be 
made a part of all contracts to which the state, or any 
municipal corporation therein, is a party ; provided, however, 
Proviso. that this act shall not apply to persons employed regularly 
in any of the public institutions of the state, or any city, city 
and county, or county. 

ACT No. 2895. 

(Stats. 1897, page 201.) 
Bonds for contractors on public works. 
Bonds. Section 1. Every contractor, person, company, or cor- 
poration, to whom is awarded a contract for the execution 
or performance of any building, excavating, or other 
mechanical work, for this state, or by any county, city 
and county, city, town, or district therein, shall before 
entering upon the performance of such work, file with the 
commissioners, managers, trustees, officers, board of super- 
visors, board of trustees, common council, or other body by 
whom such contract was awarded, a good and sufficient 
bond, to be approved by such contracting body, officers, or 
board, in a sum not less than one half of the total amount 
payable by the terms of the contract ; such bond shall be 



Verified 



LABOR LAWS — GENERAL LAWS. 55 

executed by the contractor, and at least two sureties, in an 
amount not less than the sum specified in the bond, and 
must provide that if the contract, person, company, or cor- 
poration, fails to pay for any materials or supplies fur- 
nished for the performance of the work contracted to be 
done, or for any work or labor done thereon of any kind, 
that the sureties will pay the same, in an amount not 
exceeding the sum specified in the bond ; provided, that such 
claims shall be filed as hereafter required. 

Sec. 2. Any materialman, person, company, or corpora- 
tion, furnishing materials or supplies, used in the per- state™ 
formance of the work contracted to be executed or per- J?Jairns f 
formed, or any person who performed work or labor upon 
the same or any person who supplies both work and mate- 
rials, and whose claim has not been paid by the contractor, 
company, or corporation, to whom the contract has been 
awarded, shall, within thirty days from the time such work 
is completed, file with the commissioners, managers, trus- 
tees, officers, board of supervisors, board of trustees, common 
council, or other body by whom such contract was awarded, 
a verified statement of such claims, together with a statement 
that the same has not been paid. At any time within ninety 
days after the filing of such claim, the person, company, or 
corporation filing the same may commence an action against 
the sureties on the bond, specified and required by section 1 
hereof. 

Sec. 3. This act shall take effect immediately. 

ACT No. 3574a. 

(Stats. 1909, page 209.) 

Employment of children — Enforcement of laws. 

Section 1. All minors coming within the provisions of illegal 
an act entitled "An act regulating the employment and hours nient°of 
of labor of children, prohibiting the employment of minors mmors - 
under certain ages, prohibiting the employment of certain 
illiterate minors, providing for the enforcement hereof by 
the commissioner of the bureau of labor statistics and pro- 
viding penalties for the violation hereof," (approved Feb- 
ruary 20, 1905,) and found employed and at work without 
the necessary legal authorization as provided for and required 
in said act, and whose ages are between the maximum and 



56 BUREAU OF LABOR STATISTICS. 

minimum age limits as described in an act entitled, "An act 
to enforce the educational rights of children and providing 
penalties for violation of the act," shall be placed or delivered 
into the custody of the school district authorities of the 
county, city, or city and county in which they are found 
illegally at work. 

Sec. 2. The commissioner of the bureau of labor sta- 
tistics is hereby authorized, directed and empowered to 
enforce the provisions of this act. 

Sec. 3. This act shall take effect immediately. 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 57 



STATUTES OF 1911. 



CHAPTER 49. 
Railroads — Full crews. 
An act to promote the safety of employees and travelers upon 

railroads by compelling common carriers by railroad to 

properly man their trains. 

[Approved February 20, 1911. (Amended. See Stats. 1913, 
chapter 168.)] 

CHAPTER 92. 

Payment of wages — Must be negotiable. 

An act prohibitng the issuance as payment for wages of any 
evidence of indebtedness unless the same is negotiable and 
payable without discount, and providing that the same 
must be payable upon demand. 

[Approved March 1, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Section 1. No person, firm, or corporation engaged in xego- 
any business or enterprise within this state shall issue, in order 
payment of or as an evidence of indebtedness for wages due ment y of 
an employee, any order, check, memorandum or other wa s es - 
acknowledgement of indebtedness, unless the same is nego- 
tiable, and is payable upon demand without discount in 
cash at some bank or other established place of business in 
the state; provided, however, that the provisions of this 
act shall not apply to counties, cities and counties, municipal 
corporation, quasi-municipal corporations, or school dis- 
tricts organized and existing under the laws of this state. 

Sec. 2. Any person, firm, or corporation who shall 
violate any of the provisions of this act shall be guilty of 
a misdemeanor, and upon conviction thereof, shall be 
punished by a fine not to exceed five hundred dollars, or by 
imprisonment in the county jail for not more than six 
months, or by both such fine and imprisonment. 



58 BUREAU OF LABOR STATISTICS. 

CHAPTER 258. 

Eight-hour law for women. 

An act limiting the hours of labor of females employed in 
any manufacturing, mechanical or mercantile establish- 
ment, laundry, hotel, or restaurant, or telegraph or tele- 
phone establishment or office, or by any express or trans- 
portation company; compelling each employer in any 
manufacturing, mechanical, or mercantile establishment, 
laundry, hotel or restaurant, or other establishment employ- 
ing any female to provide suitable seats for all female 
employees and to permit them to use such seats when 
they are not engaged in the active duties of their employ- 
ment; and providing a penalty for failure, neglect or 
refusal of the employer to comply with the provisions of 
this act, and for permitting or suffering any overseer, 
superintendent, foreman or other agent of any such 
employer to violate the provisions of this act. 

[Approved March 22, 1911. (Amended. See Stats. 1913, 
chapter 352.)] 

CHAPTER 399. 

Employers' liability law. 

An act relating to the liability of employers for injuries or 
death sustained by their employees, providing for compen- 
sation for the accidental injury of employees, establishing 
an industrial accident board, making an appropriation 
therefor, defining its powers and providing for a review 
of its awards. 

[Approved April 8, 1911. (see Stats. 1913, chapter 176.)] 

CHAPTER 484. 

Hours of labor on railroads. 

An act regulating the hours of labor of conductors, engineers, 
firemen, brakemen, train dispatchers and telegraph opera- 
tors employed by any corporation or receiver operating a 
line of railway in whole or in part in the State of Cali- 
fornia, and prescribing penalties for violation of this act. 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 59 

[Approved April 21, 1911.] 

The people of the State of California, represented in senate 

and assembly, no enact as follows: 

Section 1 (as amended. Stats. 1913, chapter 226). It Hours 
shall hereafter be unlawful for any corporation or receiver duty. 
operating any line of steam, electric railroad, or other rail- 
way, in whole or in part, in this state, or any officer, agent 
or representative of such corporation to require or knowingly 
permit any conductor, motorman, engineer, fireman, brake- 
man, train dispatcher, or telegraph operator to be or remain 
on duty for a longer period than sixteen consecutive hours. 
And whenever any such employee of such common carrier 
shall have been continuously on duty for sixteen hours he 
shall be relieved and not required or permitted again to go 
on duty until he has had at least ten consecutive hours off 
duty ; and no such employee who has been on duty sixteen 
hours in the aggregate in any twenty-four-hour period shall 
be required or permitted to continue or again go on duty 
without having had at least eight consecutive hours off luty ; 
provided, that no operator, train dispatcher, or other employee 
who by the use of the telegraph or telephone dispatches, re- 
ports, transmits, receives or delivers orders pertaining to or 
affecting train movements shall be required or permitted to 
be or remain on duty for a longer period than nine hours in 
any twenty-four hours, in all towers, offices, places, and 
stations continuously operated night and day. nor for a longer 
period than thirteen hours in all towers, offices, places and 
stations operated only during the daytime, except in case of 
emergency ; when the employees named in this proviso may be 
permitted to be and remain on duty for four additional hours 
in a twenty-four period or not exceeding three days in any 
week ; provided, that the provisions of this act shall not apply 
in any case of casualty or unavoidable accident, or the act 
of God ; nor where the delay was the result of a cause not 
known to the carrier or its officer or agent in charge of such 
employee at the time said employee left a terminal, and which 
could not have been foreseen: and provided, further, that the 
provisions of this act shall not apply to the crews of wrecking 
or relief trains. 

Sec. 2. It shall hereafter be unlawful for anv corporation ^V* 

x off duty. 

or receiver operating any line of railroad in whole or in part 



60 BUREAU OF LABOR STATISTICS. 

in this state, or any officer, agent, or representative of such 
company or receiver to require or knowingly permit any con- 
ductor, engineer, fireman, brakeman, train dispatcher or 
telegraph operator, who has been on duty for sixteen con- 
secutive hours and who has gone off duty, to again go on 
duty or perform any work for such receiver or corporation 
until he has had at least eight hours off duty. 
Penalty Sec. 3. Any corporation or receiver operating a line of 
iation°" railroad in whole or in part within this state, who shall 
violate any of the provisions of this act shall be liable to the 
State of California in a penalty of not less than two hundred 
dollars nor more than one thousand dollars for each offense, 
and such penalties shall be recovered and suit therefor shall 
be brought in the name of the State of California in any court 
having jurisdiction of the amount in any county into or 
through which said railroad may pass. Such suit or suits 
may be brought either by the attorney general of the state or 
under his direction by the district attorney of any county 
or city and county in the State of California into or through 
which said railroad may pass. 
Officer of Sec. 4. Any officer, agent or representative of any corpo- 
i?abie ad ration or receiver operating any line of railroad in whole or 
in part within this state, who shall violate any of the pro- 
visions of this act shall be deemed guilty of a misdemeanor, 
and upon conviction therefor shall be punished by a fine of 
not less than one hundred dollars nor more than five hundred 
dollars for each offense, or by confinement in the county jail 
for not less than ten nor more than sixty days, or by both 
fine and imprisonment, and such person so offending may be 
prosecuted under this section, either in the county where 
such person may be at the time of commission of the offense, 
or in any county where such employee has been permitted or 
required to work in violation of this act. 
Excep- Sec. 5. Provided, that the provisions of this act shall not 
apply in any case of casualty or unavoidable accident or the 
act of God ; nor where the delay was the result of a cause 
not known to the carrier or its officer or agent in charge of 
such employee at the time said employee left a terminal, and 
which could not have been foreseen ; provided, further, that 
the provisions of this act shall not apply to the crews of 
wrecking or relief trains. 



tions. 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 61 

CHAPTER 485. 
Occupational diseases, reporting of. 

An act to provide for the reporting of occupational diseases. 
[Approved April 21, 1911.] 

The people of the State of California, represented in senate 
and assembly, no enact as follows: 

Section 1. Every medical practitioner attending on or Report- 
called' in to visit a patient whom he believes to be suffering JSeupa- 
from lead, phosphorus, arsenic or mercury or their com-^Swcs. 
pounds, or from anthrax, or from compressed-air illness, con- 
tracted as a result of the nature of the patient's employment, 
shall send to the state board of health a notice stating the 
name and full postal address and place of employment of 
the patient and the disease from which, in the opinion of the 
medical practitioner, the patient is suffering, and shall be 
entitled in respect of every bona fide notice sent in pursuance 
of this section to a fee of fifty cents, to be paid as part of 
the expense incurred by the state board of health in the 
execution of this act. 

Sec. 2. If any medical practitioner, when required by this Penalty 
act to send a notice, wilfully fails forthwith to send the same, neglect, 
as provided by this act, he shall be guilty of a misdemeanor, 
and upon conviction of the same shall be fined not more than 
ten dollars. 

Sec. 3. It shall be the duty of the state board of health Enforce- 
to enforce the provisions of this act, and it may call upon 
local boards of health and health officers for assistance and 
it shall be the duty of all boards and officers so called upon 
for such assistance to render the same. It shall furthermore 
he the duty of said state board of health to transmit such 
data to the commissioner of the bureau of labor statistics. 



62 



BUREAU OF LABOR STATISTICS. 



CHAPTER 499. 
Electricity — Regulating erections of poles, etc. 

An act regulating the placing, erection, use and maintenance 
of electric poles, wires, cables and appliances, and provid- 
ing the punishment for the violation thereof. 

[Approved April 22, 1911.] 

The people of the State of California, represented in senate 

and assembly, no enact as follows: 

Section 1. No commission, officer, agent or employee of 
the State of California, or of any city and county or city or 
county or other political subdivision thereof, and no other 
person, firm, or corporation shall 

(a) Run, place, erect or maintain any wire or cable used 
to conduct or carry electricity, on any pole, or any crossarm, 
bracket or other appliance attached to such pole, within a 
distance of thirteen (13) inches from the center line of said 
pole ; provided, that the foregoing provisions of this para- 
graph (a) shall be. held not to apply to telephone, telegraph 
or other "signal" wires or cables which are attached to a 
piicabie p ] e to which is attached no wire or cable other than tele- 
phone phone, telegraph or other "signal" wire or cable, except 

wirss 

etc. ' within the corporate limits of any city or town which shall 
have been incorporated as a municipality, nor shall the fore- 
going provisions be held to apply to such wires or cables in 
cases where the same are run from underground and placed 
vertically on poles, nor to "bridle" or "jumper" wires on anj 
pole which are attached to telephone, telegraph or other 
"signal" wires on the same pole, nor to any "aerial" cable, 
as between such cable and any pole on which it originates or 
terminates, nor to wires run from "lead" wires to arc lamps 
or to transformers placed upon poles, nor to any wire or 
cable where the same is attached to the top of a pole, as 
between it and the said pole, nor to any "aerial" cable con- 
taining telephone, telegraph or other "signal" wires where 
the same is attached to a pole on which no other wires or 
cables than wires continuing from said cable are maintained; 
provided, that electric light or power wires or cables are in 
no case maintained on the same side of the street or highway 
on which said "aerial" cable is placed. 



Pro- 
visions 
not ap- 



LABOR LAWS — STATUTES NINETEEN ELEVEN. G3 

(b) Run, place, erect or maintain in the vicinity of any Electric 
pole (and unattached thereto) within the distance of thirteen within 
(13) inches from the center line of said pole, any wire or J^ffes" 
cable used to conduct or carry electricity, or place, erect or of P° le - 
maintain any pole (to which is attached any wire or cable 
used to conduct or carry electricity) within the distance of 
thirteen (13) inches (measured from the center of such pole) 
from any wire or cable used to conduct or carry electricity ; 
provided, that as between any wire or cable and any pole, as 

in this paragraph (b) named, only the wire, cable or poleLast 
last in point of time run, placed or erected, shall be held to^Jf®' 
be run, placed, erected or maintained in violation of the pro-JJJjy? 
visions of this paragraph; and further provided, that the tion - 
provisions of this paragraph (&) shall not be held to apply 
to telephone, telegraph or other "signal" wires or cables on 
poles to which are attached no other wires, as between such 
wires and poles to which are attached no other wires or 
cables than telephone, telegraph or other "signal" wires ; 
provided, such wires, cables and poles are not within the 
corporate limits of any town or city which shall have been 
incorporated as a municipality. 

(c) Run, place, erect or maintain, above ground, within wires 
the distance of four (4) feet from any wire or cable con-f 0ur un 
ducting or carrying less than six hundred volts of electricity,^^ * 
any wire or cable which shall conduct or carry at any one other 
time more than six hundred volts of electricity, or run, place, 
erect or maintain within the distance of four (4) feet from 
any wire or cable which shall conduct or carry at any one 
time more than six hundred volts of electricity any wire or 
cable conducting or carrying less than six hundred volts of 
electricity ; provided, that the foregoing provisions of this 
paragraph (c) shall be held not to apply to any wires or 
cables attached to a transformer, within a distance of four 

(4) feet, (measured along the line of said wire or cable) 
from the point where such wire or cable is attached to such 
transformer, nor to wires or cables within buildings or other 
structures, nor to wires or cables where the same are run 
from underground and placed vertically on poles, nor to any 
"lead" wires or cables between the point where the same are 
made to leave any pole for the purpose of entering any build- 
ing or other structure, and the point at which they are made 
to enter such building or structure ; and provided, further, 



64 BUREAU OF LABOR STATISTICS. 

that as between any two wires or cables, or any wire or any 
cable run, placed, erected or maintained in violation of the 
provisions of this paragraph (c), only the wire or cable last 
in point of time run, placed or erected shall be held to be 
run, placed, erected or maintained thus in violation of said 
provision ; and further provided, that where no more than one 
crossarm is maintained on a pole, all the wires or cables 
conducting or carrying at any one time more than six hun- 
dred volts of electricity shall be placed on the crossarm on 
one side of the pole, and all the wires or cables conducting or 
carrying less than six hundred volts of electricity shall be 
placed on the crossarm on the other side of the pole ; and 
farther provided, that the space between any wire or cable 
carrying or conducting at any one time more than six hun- 
dred volts of electricity and any wire or cable carrying less 
than said voltage shall be at least thirty-six (36) inches 
clear measurement in a horizontal line ; and further provided, 
Two that where two or more systems for the distribution of 
occupy- electric light or power occupy the same poles with wires or 
same cables, all wires or cables conducting or carrying at any one 
poles. time more than six hundred volts of electricity shall be 
placed on the crossarms on one side of the pole, and all wires 
or cables conducting or carrying less than said voltage shall 
in such case be placed on the crossarms on the other side of 
the pole ; and further provided, that the space between any 
wire or cable conducting or carrying at any one time more 
than six hundred volts of electricity and any wire or cable 
conducting or carrying less than said voltage shall be at 
least thirty-six (36) inches in measurement in a horizontal 
line ; and further provided, that in such construction all 
crossarms shall be at least thirty-six (36) inches apart in a 
vertical line. 
Cross- (d) Run, place, erect or maintain any wire or cable, which 

hawing shall conduct or carry at any one time more than six hundred 
carrying volts of electricity, without causing each crossarm, or such 
™ re other appliance as may be used in lieu thereof, to which such 
eoo wire or cable is attached to be kept at all times painted a 

to be bright yellow color ; or, on such crossarm, or other appliance 
yellow? use d in lieu thereof, shall be placed enameled iron signs, 
providing, in white letters on a green background, the words 
"High voltage," and these letters shall be not less than three 
(3) inches in height; said signs shall be securely fastened on 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 65 

the face and back of each crossarm. The provisions of this 
paragraph (d) shall not be held to apply to crossarms to 
which are attached wires or cables canning or conducting 
more than ten thousand volts of electricity, and which are 
situated outside the corporate limits of any town or city 
which shall have been incorporated as a municipality. 

(e) Run, place, erect or maintain any "guy" wire or "guy" Guy 

wir6s 

cable attached to any pole or appliance to which is attached to be in- 
any wire or cable used to conduct or carry electricity, without sulated - 
causing said "guy" wire or "guy" cable to be effectively insu- 
lated at all times at a distance of not less than four (4) feet 
nor more than eight (8) feet (measured along the line of 
said wire or cable) from the upper end thereof, and at a 
point not less than eight (8) feet vertically above the ground 
from the lower end thereof ; and further provided, that 
wherever two or more "guy" wires or "guy" cables are 
attached to a pole there shall be at least one foot, vertical 
space, between the points of attachment; and further pro- 
vided, that no insulation shall be required at the lower end of 
a "guy" wire or "guy" cable where the same is attached to 
a grounded anchor ; none of the provisions of this paragraph 
(e) shall be held to apply to "guy" wires or "guy" cables 
attached to poles carrying no wire or cable other than tele- 
phone, telegraph or other "signal" wire or cable, and which 
are situated outside the corporate limits of any town or city 
which shall have been incorporated as a municipality. 

(/) Run, place, erect or maintain, vertically on any pole, vertical 
any wire or cable used to conduct or carry electricity, without J^^S in- 
causing such wire or cable to be at all times wholly encased sulatecL 
in casing equal in durability and insulating efficiency to a 
wooded casing not less than one and one half inches thick. 
The provisions of this paragraph (f) shall not be held to 
apply to vertical telephone, telegraph or other "signal" wires 
or cables on poles where no other than such wires or cables 
are maintained, and which are outside the corporate limits 
of any town or city which shall have been incorporated as a 
municipality. Arc 

(g) Place, erect or maintain on any pole, or on any cross- may 
arm or other appliance on said pole, which carries or upon placed 
which is placed an electric arc lamp, any transformer for^J t h° leS 
transforming electric currents. formers 

5 — LL 



66 



BUREAU OF LABOR STATISTICS. 



Wires 

carrying 

more 

than 

15.000 

volts. 



Safety 
bolts 
fOi* sus- 
pension 
wires. 



Preced- 
ing not 
appli- 
cable to 
direct 
current 
wires, 
etc. 



(h) Run, place, erect or maintain any wire or cable carry- 
ing more than fifteen thousand volts of electricity across any 
wire or cable carrying less than said voltage or across any 
public highway, except on poles of such height and so placed 
at each crossing that under no circumstances can said wire or 
cable of said voltage higher than fifteen thousand volts in 
case of breakage thereof or otherwise, come in contact with 
any wire or cable of less than said voltage, or fall within a 
distance of ten (10) feet from the surface of any public 
highway ; or in lieu thereof double strength construction 
may be installed, in which case the wires carrying a voltage 
higher than fifteen thousand volts shall, between the points 
of crossing, be of a cross-section area equal to at least twice 
that used in the line outside of such crossing, except where 
the conductor used is equal to four nought (0000) Brown 
and Sharpe gauge or greater, in which case the wires or 
cables will be considered as complying with the law. 

(i) Run, place, erect or maintain any suspension wire to 
which is attached any "aerial" cable of "seventy-five pair 
number nineteen Brown and Sharpe gauge" or over, or of 
"one hundred pair number twenty-two Brown and Sharpe 
gauge" or over, suspended from a crossarm (or from any 
other structure or appliance from which said suspension wire 
is hung) by a single bolt and clamp without at the same time 
attaching said suspension wire to said crossarm, structure or 
appliance by an additional "safety" bolt and clamp (or other 
"safety" appliance for thus attaching said suspension wire) 
of tensile strength equal to the first herein said bolt and 
clamp. 

Sec. 2. None of the provisions of the preceding section 
shall be held to apply to "direct current" electric wires or 
cables having the same polarity, nor to "signal" wires when 
no more than two (2) of such "signal" wires are attached 
to any one pole ; provided, that none of such "direct current" 
or "signal" wires shall in any case be run, placed, erected or 
maintained within the distance of thirteen (13) inches from 
the center line of any pole (other than the pole or poles on 
which said wires or cables are carried) carrying electric 
wires or cables ; and provided, further, that as between any 
two wires, or cables, or any wire or cable run, placed, erected 
or maintained in violation of the provisions of this section 2 
only the wire or cable last in point of time run, placed, 



LABOR LAWS STATUTES NINETEEN ELEVEN. 07 

erected or maintained shall be held to be run, placed, erected 
or maintained thus in violation of said provisions. 

Sec. 3. No commission, officer, agent or employee of the spaa 
State of California, or of any city and county or city or 
fcunty or other political subdivision thereof, and no other 
person, firm or corporation shall run, place, erect or maintain 
any "span" wire attached to any wire or cable used to con- 
duct or carry electricity, without causing said "span" wire 
to be at all times effectively insulated between the outer 
point at which it is in any case fastened to the pole or 
other structure by which it is hung or supported, and at 
the point at which it is in any case thus attached; provided, 
that such insulation shall not in any case be placed less than 
two (2) feet nor more than four (4) feet from said point 
at which said "span" wire is so attached, and that when 
in any case such "span" wire is attached along its length 
to any tvvo (2) such wires or cables, conducting or carry- 
ing electricity and extending parallel to each other, not more 
than ten (10) feet apart, such insulation shall not be 
required therein at any point between such parallel wires or 
cables; none of the provisions of this section (3) shall be 
held to apply where "feeder" wires are used in place of 
"span" wires. 

Sec. 4. Any violation of any provision of this act shall Penalty 
be deemed to be a misdemeanor, and shall be punishable lktion. 
upon conviction by a fine of not exceeding five hundred 
dollars ($500.00) or by imprisonment in a county jail not 
exceeding six (6) months or by both such fine and imprison- 
ment. 

Sec. 5. All acts or parts of acts which are in conflict 
with the, or with any of the provisions of this, act are 
hereby repealed. 

Sec. 6. This act shall take effect six months from the 
date of its passage in so far as it relates to new work, and 
a period of five years shall be allowed in which to recon- 
struct all existing work and construction to comply with 
the provisions of this act. 



68 BUREAU OF LABOR STATISTICS. 

CHAPTER 500. 
Electricity — Regulating construction of manholes, etc. 

An act to regulate the construction and maintenance of sub- 
ivays, manholes, and underground rooms, chambers, and 
excavations, used to contain, encase, cover, or conduct 
wires, cables, or appliances to conduct, carry, or handle 
electricity, and providing the punishment for the violation 
thereof. 

[Approved April 22, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Dimen- Section 1. No commission, officer, agent, or employee 

electric °f the State of California or of any city and county or city 

subways. or coun ty or other political subdivision thereof, and no 

other person, firm or corporation, shall build or rebuild or 

cause to be built or rebuilt within the State of California : 

(a) Any subway, manhole, chamber, or underground room 
used or to be used to contain, encase, cover or conduct any 
wire, cable, or appliance, to conduct, carry or handle elec- 
tricity, unless such subway, manhole, chamber or under- 
ground room shall have an inside measurement of not less 
than four (4) feet at the maximum points between the side 
walls thereof, and between the end walls thereof, and not less 
than five (5) feet at all points between the floor thereof, 
and the top or ceiling thereof, or if circular in shape, at least 
four (4) feet diameter inside measurement, and not less than 
five (5) feet at all points between the floor and ceiling 
thereof ; provided, however, that this paragraph shall not be 
held to apply to any such subway, manhole, chamber or 
underground room, within which it is not intended or required 
that any human being perform work or labor or be employed ; 
further provided, that the provisions of this paragraph (a) 
shall not be held to apply where satisfactory proof shall be 
submitted to the proper authorities, that it is impracticable 
or physically impossible to comply with this law within the 
space or location so designated by the proper municipal 
authorities. 
Open- (b) In any subway, manhole, chamber or underground 

outer room used or to be used to contain, encase, cover or conduct 
air - any wire, cable or appliance to conduct, carry or handle 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 69 

electricity, any opening to outer air which is less than twenty- 
six (26) inches if circular in shape, or less than twenty-four 
(24) inches by twenty-six (26) inches clear measurement if 
rectangular in shape. 

(c) In any subway, manhole, chamber or underground ppen- 
room, used or to be used to contain, encase, cover or conduct be g not° 
any wire, cable or appliance to conduct, carry or handle elec- }^ s a s n 
tiicity, any opening which is at the surface of the ground, * nree 
within the distance of three (3) feet at any point from any from 
rail or any railway or street-car track ; provided, that the car 
provisions of this paragraph (c) shall not be held to apply track " 
where satisfactory proof shall be submitted to the proper 
authorities that it is impracticable or physically impossible 
to comply with this law within the space or location so 
designated by the proper municipal authorities. 

id) Any subway, manhole, chamber or underground room, Floor of 
used or to be used to contain, encase, cover or conduct any tobe^of 
wire, cable, or appliance to conduct, carry, or handle elec- concrete, 
trieity, unless the floor of such subway, manhole, chamber or 
underground room is made of stone, concrete, brick, or other 
similar material not subject to decomposition ; provided, that 
this paragraph {d) shall not be held to apply to any such 
subway, manhole, chamber or underground room within which 
it is not intended or required that any human being perform 
work or labor or be employed. 

(e) Or maintain any subway, manhole, chamber or under- subways 
ground room, used, or to be used, to contain, encase, cover or j:°p t e 
conduct any wire, cable or appliance to conduct, carry or ^ ee 
handle electricitv, unless such subwav, manhole, chamber or seepage, 

etc 
underground room is kept at all times in a sanitary condition, 

and free from stagnant water, or seepage, or other drainage, 

or anj- offensive matter dangerous to health, either by sewer 

connection or otherwise; provided, that this paragraph (e) 

shall not be held to apply to any such subway, manhole, 

chamber or underground room, within which it is not intended 

or required that any human being perform work or labor or 

be employed. 

Sec. 2. Any violation of any provision of this act shall be Penalty 

deemed a misdemeanor, and shall be punishable upon con- [llum' 

viction by a fine not exceeding five hundred (500) dollars, or 

by imprisonment in a county jail not exceeding six (6) 

months, or by both such fine and imprisonment. 



70 BUREAU OF LABOR STATISTICS. 

Sec. 3. None of the provisions of subdivisions a, b, c, and 
d, of section one of this act, shall be so construed as to be 
retroactive or apply to works already constructed, and all 
acts or parts of acts which are in conflict with this act are 
hereby repealed. 

Sec. 4. This act shall take effect and be in force from and 
after the date of passage. 

CHAPTER 663. 
Wages — Time of payment. 

An act providing for the time of payment of wages. 
[Approved May 1, 1911.] 
The people of the State of California, represented in senate 
and assembly, do enact as follows: 
wages Section 1. Whenever an employer discharges an employee, 

charged the wages earned and unpaid at the time of such discharge 
pioyees. sna ^ become due and payable immediately. When any such 
employee not having a contract for a definite period quits or 
resigns his employment the wages, earned and unpaid at the 
time of such quitting or resignation shall become due and 
payable five days thereafter. 
Wages Sec. 2. All wages other than those mentioned in section 

paid one °f this act earned by any person during any one month 
monthly. s h a u become due and payable at least once in each month 
and no person, firm or corporation for whom such labor has 
been performed, shall withhold from any such employee any 
wages so earned or unpaid for a longer period than fifteen 
days after such wages become due and payable ; provided, 
however, that nothing herein shall in any way limit or inter- 
fere with the right of any such employee to accept from any 
such person, firm or corporation wages earned and unpaid 
for a shorter period than one month. 
Penalty. Sec. 3. Any person, firm or corporation who shall violate 
any of the provisions of this act shall be guilty of a misde- 
meanor and upon conviction thereof shall be punished by a 
fine not to exceed five hundred dollars. 
Not ap- Sec. 4. None of the provisions of this act shall apply to 
phcabie. any coun ty ? city and county, incorporated city or town, or 
other municipal corporation. 



LABOR LAWS — STATUTES NINETEEN ELEVEN. 71 



CHAPTER 688. 

Minors — Vending at night prohibited. 

An act to prohibit minors under the age of eighteen years to 
vend and sell goods, engage in, or conduct any business be- 
tween the hours of ten o J clock in the evening and five 
o'clock in the morning, and providing penalties for viola- 
tions thereof. 

[Approved May 1, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as folloivs: 

Section 1. It shall be unlawful for any minor- under the Uniaw- 
age of eighteen years to vend and sell goods, engage in, or uanor 
conduct any business between the hours of ten o'clock in the eighteen 
evening and five o'clock in the morning. * c ° n - 

Sec. 2. Any person violating any of the provisions of this business 
act shall be guilty of a misdemeanor and shall, upon convic- 10 p.m. 
tion thereof, be punished by a fine of not more than twenty l\. m . 
dollars, or by imprisonment for not more than ten days, or 
by both such fine and imprisonment for each offense. 



72 BUKEAU OF LABOR STATISTICS. 

STATUTES OF 1913. 



CHAPTER 48. 

Scaffolding for protection of workmen. 

An act to regulate certain scaffolding or staging for the pro- 
tection of workmen; requiring that in addition to the duties 
imposed by any law upon employers using or directing or 
permitting the use of scaffolding or staging swung or sus- 
pended from an overhead support such employers shall be 
subject to the provisions of this act; fixing penalties for 
a violation hereof to be the same as provided in section 
402c of the Penal Code; and providing for the enforce- 
ment of this act by the commissioner of the bureau of 
labor statistics. 

The people of the State of California do enact as follows: 
Safety Section 1. All scaffolding or staging, swung or suspended 

scaffold- from an overhead support which is more than twenty feet 
mg. from the ground or floor, shall have a safety rail of wood or 
other equally rigid material of sufficient strength to bear any 
sudden strain there against equal to four times the weight of 
an ordinary man, such rail to be properly secured and braced 
in a manner to withstand a sudden strain as hereinbefore 
prescribed ; such rail to rise at least thirty-four inches above 
the floor or floors or main portions of such scaffolding or 
staging, and extending along the entire length of the outside 
and the ends thereof, and properly attached thereto to with- 
stand any strain as hereinbefore provided ; and such scaffold- 
ing or staging shall be fastened so as to prevent the same 
from swaying from the building or structure, or place of work 
where such scaffolding or staging is being used. Any and 
all parts of such scaffolding or staging shall be of sufficient 
strength to support, bear, or withstand, with safety, any 
weight of persons, tools, appliances, or materials that may be 
placed thereupon or that are to be supported thereby while 
such scaffolding or staging is being used for any of the 
purposes thereof. 
safety Sec. 2. In addition to the duties imposed upon an 

lines. employer by any law regulating or relating to scaffolding or 
staging, it shall be the duty of such employer who uses or 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 73 

permits the use of scaffolding or staging, as defined in section 
one of this act, in connection with construction, alteration, 
repairing, painting, cleaning or the doing of any other kind 
of work upon any building structure, or other thing or place 
of work, to furnish safety lines to tie all hooks and hangers 
back on the roof of such building, structure or other thing or 
place of work, and to provide safety lines hanging from the 
roof, securely tied thereto, and one such line to be provided 
between each pair of hangers or falls and near the ends of all 
such scaffolding or staging. When planks are used for the 
platforms or floors of such scaffolding or staging, they shall be 
not less than fourteen inches in width, and not less than one 
and one half inches in thickness, and shall be of wood free 
from knots or fractures impairing the strength of such planks. 
Not more than two men shall be allowed or placed to work 
between two hangers or falls upon such scaffolding or staging. 

Sec. 3. Any violation of the provisions of this act shall be Penalty. 
punishable as provided in section four hundred and two c of 
the Penal Code, and shall be in addition to the penalties pro- 
vided therein for the violation of any of the provisions of the 
said section. 

Sec. 4. It shall be the duty of the commissioner of the 
bureau of labor statistics to enforce the provisions of this act. 

CHAPTER 81. 
Wiping rags — Sterilizing. 

An act regulating the cleaning, laundering, sale, offering for 
sale, and furnishing for use to employees, of wiping rags; 
authorizing counties, cities and counties, cities and towns, 
to enact ordinances prohibiting the cleaning, laundering, 
sterilizing, and sale of wiping rags without a permit, and 
to issue and revoke permits to clean, launder, and sell 
wiping rags within their respect ire jurisdictions ; author- 
izing peace and health officers to make inspections of 
wiping rags, and making violations of this act a misde- 
meanor. 

[Approved April 30, 1913.] 

The people of the State of California do enact as follows: 

Section 1. Every person or corporation who supplies or wiping 
furnishes to his or its employees for wiping rags, or who sells l^ e 
or offers for sale for wiping rags, any soiled wearing apparel, J*^*" 



74 BUREAU OF LABOR STATISTICS. 

underclothing, bedding, or parts of soiled or used undercloth- 
ing, wearing apparel, bedclothes, bedding or soiled rags and 
cloths, unless the same have been sterilized by a process of 
boiling for forty minutes in a solution containing five per cent 
of caustic soda, and unless before such boiling, the sleeves, 
legs and bodies of garments are ripped and made into flat 
pieces, is guilty of a misdemeanor, 
wiping Sec. 2. Wiping rags within the meaning of this act are 
defined, cloths and rags used for wiping and cleaning the surfaces of 
machinery, machines, tools, locomotives, engines, motor cars, 
automobiles, cars, carriages, windows, and furniture, and sur- 
faces of articles, appliances and engines in factories, shops, 
steamships and steamboats, and generally used for cleaning 
purposes in industrial employments, and also used by 
mechanics and workmen for wiping from their hands and 
bodies soil incident to their employment. 
Not Sec. 3. Any person or corporation who shall wash, 

cleaned cleanse or launder soiled rags or soiled cloth material for 
laundry, wiping rags, in the same building or by the same machinery 
or appliances, in or by which clothing and articles for per- 
sonal wear or for household use are laundered, shall be guilty 
of a misdemeanor, 
inspec- Sec. 4. Every peace officer, health officer or health in- 
tlon ' spector, upon proper demand and notice of his authority, 
shall be permitted, during business hours, to enter factories, 
shops, yards, ships, boats and premises where wiping rags are 
used, or are kept for sale, or offered for sale, and inspect such 
wiping rags ; and it shall be unlawful for any person, firm, 
company or corporation to refuse to permit such inspection, 
or to impede or obstruct such officer during such inspection. 
Local Sec. 5. Each county, city and county, city and town, may 

tions. a regulate the business of laundering, and sterilizing, and the 
business of selling wiping rags, by enacting ordinances pro- 
hibiting the laundering, sterilizing and sale, and offering for 
sale, of wiping rags, or cloth material for wiping rags, within 
their respective jurisdictions, without a permit issued by the 
board of supervisors of the county, or board of health or 
health officer of the city and county, city and town, and for 
the issuance of certificates of inspection of wiping rags offered 
for sale. Such permit shall be granted as of course on a first 
application therefor, and may be revoked by the board or 
officer authorized to issue the same for a violation of this act 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 75 

or for a violation of such ordinance by the holder of such 
permit. The board, department or officer authorized to issue 
permits to launder, sterilize, or sell wiping rags shall keep a 
register of the names and places of business of persons to 
whom such permits are issued, and the date of issue and 
number of said permit, and a record of revocation of issued 
permits. 

Sec. 0. Every package or parcel of wiping rags must,p aC k- 
before being sold or offered for sale, be plainly marked f| e b s e 
"sterilized wiping rags," with the number and date of permit marked - 
given for the conducting of the laundry in which the rags 
contained in such package or parcel were laundered and 
sterilized, and the name of the board or officer issuing the 
permit ; or with the name and location of the laundry in 
which such rags were laundered and sterilized. 

Sec. 7. Any person, firm or corporation who shall violate Penalty, 
any of the provisions of this act shall be guilty of a misde- 
meanor. 

CHAPTER 168. 

Railroads — Full crew law. 

An act to amend an act entitled, "An act to promote the 
safety of employees and travelers upon railroads by com- 
pelling common carriers by railroad to properly man their 
trains,'' approved February 20, 1011. 

[Approved' May 27, 1913.] 
The people of the State of California do enact as follows: 

Section 1. Section one of an act entitled "An act to 
promote the safety of employees and travelers upon railroads 
by compelling common carriers by railroad to properly man 
their trains," approved February 20, 1911, is hereby amended 
to read as follows : 

Section 1. It shall be unlawful for any common carrier FuU 
by railroad in the State of California operating more than^^ 
four trains each way per day of twenty-four hours on any^ sen " 
main track or branch line of railroad within this state to runtrain. 
or permit to be run, any passenger, mail or express train pro- 
pelled or drawn by steam, electricity or other motive power 
that has not at least the following named employees thereon : 
One engineer, and one fireman for each steam locomotive 
where such train is propelled or drawn by steam, one electric 



76 BUREAU OF LABOR STATISTICS. 

raotorman for each train where such train is propelled or 
run by electricity, and one motor or power control man for 
every train where said train is propelled by other motive 
power than steam or electricity, one conductor, one brake- 
man, one baggageman ; provided, that upon any such train 
upon which baggage is not hauled and on gasoline motor 
cars, a baggageman need not be employed ; provided, further, 
that on any such train where four cars exclusive of railroad 
officers' private cars, or more than four cars are hauled, 
exclusive of railroad officers' private cars, two brakemen 
instead of one shall be employed. 

Sec. 2. Section two of said act is hereby amended to read 
as follows : 
Ful1 * Section 2. It shall be unlawful for any common carrier 

crew J 

for by railroad in the State of California operating more than 

train. four trains each way per day of twenty-four hours on any 
main track or branch line of railroad within this state to run 
or permit to be run on any main track or branch line 
operating by it any freight or work train propelled by steam, 
electricity or other motive power that has not at least the 
following employees thereon : One engineer and one fireman 
for each steam locomotive where such train is propelled or 
drawn by steam, one motorman for each train where such 
train is propelled or run by electricity, and one motor or 
power control man for every train where such train is pro- 
pelled by motive power other than steam or electricity, one 
conductor and two brakemen ; provided, that on any such 
train running on any track which attains a grade of one per 
cent or less than one per cent, for a distance of more than 
one half mile, there shall be three brakemen for fifty cars, 
four brakemen for seventy-six cars and an additional brake- 
man for every additional twenty-five cars ; provided, further, 
that on any such train running on any track which attains a 
grade of more than one per cent and less than one and one 
half per cent, for a distance of more than one half mile, there 
shall be three brakemen for fifty cars and an additional 
brakeman for every twenty-five cars or fraction of twenty- 
five greater than twelve cars ; provided, further, that any 
such train running on a track which attains a grade of more 
than one and one half per cent, for a distance of more than 
one half mile, there shall be three brakemen for fifty cars 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. il 

and an additional brakeman for every fifteen cars or fraction 
of fifteen greater than seven cars. 

Sec. 3. Section three of said act is hereby amended to 
read as follows : 

Section 3. It shall be unlawful for any common carrier Full 
by railroad in the State of California operating more than for 
four trains each way per day of twenty-four hours on any°Jains. 
main track or branch line of railroad within this state, to run 
or permit to be run any train propelled or drawn by steam, 
electricity or other motive power other than those trains 
described in sections one and two of this act that have not at 
least the following named employees thereon : One engineer 
and one fireman for each steam locomotive where such train 
is propelled by steam, one motorman for every train where 
such train is propelled or drawn by electricity and one motor 
or power control man for each train propelled by other motive 
power than steam or electricity, one conductor and one brake- 
man ; provided, that nothing in this act contained shall apply 
to a locomotive or locomotives without cars ; nor to any relief 
or wrecking train in any case where a sufficient number of 
employees to comply with this section are not available for 
service on such relief or wrecking train. 

Sec. 4. Section four of said act is hereby amended to 
read as follows : 

Section 4. It shall be unlawful for any such common Quaiifl- 
carrier to employ any person as a steam locomotive engineer 
who shall not have had at least three years' actual service as 
a steam locomotive fireman or one year s actual service as a 
steam locomotive engineer, or to employ any person as a 
conductor who shall not have had at least two years' actual 
service as a railroad brakeman on steam or electric railroad 
other than street railway, or one year's actual service as a 
railroad conductor, or to employ any person as a brakeman 
who shall not have passed the regular examination required 
by transcontinental railroads; provided, that nothing in this 
act contained shall apply to the running or operating of loco- 
motives or motor power cars to and from trains at terminals 
by hostlers or to the running or operating of steam loco- 
motives or motive power cars to and from engine houses or 
to the doing of work on steam locomotives or motive power 
cars at shops or engine houses. 



cars. 



78 BUREAU OF LABOR STATISTICS. 

Sec. 5. Section five of said act is hereby amended to read 
as follows : 

Penalty. Section 5. Any violation of this act shall be a misde- 
meanor, and shall be punished by a fine not exceeding five 
hundred dollars, or by imprisonment in the county jail not 
to exceed six months, or by both such fine and imprisonment. 
Sec. 6. Section six of said act is hereby amended to read 
as follows : 

Time of Section 6. Nothing in this act contained shall apply to 
the operation of any train by said common carrier during 
times of strikes or walkouts, participated in by any of the 
hereinbefore mentioned employees of such common carriers. 
Sec. 7. A new section is hereby added to said act, to be 
numbered section seven and to read as follows : 

Motor Section 7. Nothing contained in this act shall be con- 

strued or be held to apply to gasoline motor cars operated 
exclusively on branch lines nor to trains of less than three 
cars propelled by electricity. 

CHAPTER 176. 
Workmen's compensation, insurance and safety act, 

An act to promote the general welfare of the people of this 
state as affected by accident causing the injury or death 
of employees in the course of their employment, by creating 
a liability on the part of employers to compensate such 
employees and their dependents for such accidental injury 
or death irrespective of the fault of either party, and pro- 
viding the means and methods of enforcing such liability ; 
and creating a "state compensation insurance fund" to 
insure employers against such liability and providing for 
its administration and regulating such insurance by other 
insurance carriers; and requiring safety in all employ- 
ments and places of employment in this state and provid- 
ing the means and methods of enforcing such safety ; and 
requiring reports of industrial accidents; and providing 
penalties for offenses by employers, their officers, agents, 
and by employees and other persons and corporations ; and 
creating an industrial accident commission, providing for 
its organization, defining its powers and duties and pro- 
viding for a review of its orders, decisions and awards; and 
appropriating moneys to carry out the provisions of this 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 79 

act; and repealing all acts and parts of acts inconsistent 

with the provisions of this act. 

[Approved May 2 6, 1913.] 
The people of the State of California do enact as follows: 

Section 1. This act shall be known, and may be cited, as Tit i e 
the "workmen's compensation, insurance and safety act'' and clted - 
shall apply to the subjects mentioned in its title. 

Sec. 2. The following terms as used in this act shall, Terms, 
unless a different meaning is plainly required by the context, 
be construed as follows : 

(1) The term "commission" means the industrial accident 
commission of the State of California. 

(2) The term ''commissioner" means one of the members 
of the commission. 

(3) The term "compensation" means compensation under 
this act and includes every benefit or payment conferred by 
sections twelve to thirty-six, inclusive, of this act upon an 
injured employee, or in the event of his death, upon his 
dependents, without regard to negligence. 

(4) The term "damages" means the recovery allowed in an 
action at law as contrasted with compensation under this act. 

(5) The term "person" includes an individual, firm, volun- 
tary association or a corporation. 

(G) The term "insurance carrier" includes the state com- 
pensation insurance fund herein created and any private com- 
pany, corporation or mutual association authorized under the 
laws of this state to insure employers against liability for 
compensation under this act. 

(7) The phrase "compensation provisions of this act" 
means and includes sections twelve to thirty-five, inclusive, of 

• this act. 

(8) The phrase "safety provisions of this act" means and 
includes sections fifty-one to seventy-two, inclusive, of this act. 

(9) Whenever in this act the singular is used the plural 
shall be included ; where the masculine gender is used, the 
feminine and neuter shall be included. 

Sec. 3. There is hereby created a board to consist of three indus- 
members who shall be appointed by the governor from the cijfent °" 
state at large and which shall be known as the "industrial^ 11113 " 
accident commission" and shall have the powers, duties and created, 
functions hereinafter conferred. Within thirty days prior 



80 BUREAU OF LABOR STATISTICS. 

to the first day of January, 1914, the governor shall appoint 
the three members of said commission, one for the term of 
two years, one for the term of three years and one for the 
term of four years. Thereafter, the term of office of each 
commissioner shall be four year. Vacancies shall be filled 
by appointment in the same manner for the unexpired term. 
Each commissioner shall receive an annual salary of five 
thousand dollars. Each commissioner shall, before entering 
upon the duties of his office, take and subscribe the constitu- 
tional oath of office. 

Organi- Sec. 4. The commission shall organize by choosing one of 
its members as chairman. A majority of the commission 
shall constitute a quorum for the transaction of any business, 
for the performance of any duty, or for the exercise of any 
power or authority of the commission. A vacancy on the 
commission shall not impair the right of the remaining mem- 
bers to perform all the duties and exercise all the power 
and authority of the commission. The act of the majority 
of the commission, when in session as a commission, shall be 
deemed to be the act of the commission, but any investiga- 
tion, inquiry or hearing, which the commission has power to 
undertake or to hold, may be undertaken or held by or before 
any member thereof or any referee appointed by the com- 
mission for that purpose, and every finding, order, decision, 
or award made by any commissioner or referee, pursuant to 
such investigation, inquiry or hearing, when approved and 
confirmed by the commission and ordered filed in its office, 
shall be deemed to be the finding, order, decision or award* 
of the commission. 

Seal. Sec. 5. The commission shall have a seal, bearing the 

following inscription : "Industrial Accident Commission State 
of California, Seal." The seal shall be affixed to all writs • 
and authentications of copies of records and to such other 
instruments as the commission shall direct. All courts shall 
take judicial notice of said seal. 

Office Sec. 6. The commission shall keep its principal office in 

Fran- the city and county of San Francisco, and shall also keep an 
office in the city of Los Angeles, and shall provide itself with 
suitable rooms, necessary office furniture, stationery and other 
supplies. For the purpose of holding sessions in other places, 
the commission shall have power to rent temporary quarters. 



CISCO. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 81 

Sec. 7. The commission shall have full power and 
authority : 

(1) To appoint as its attorney an attorney-at-law of thisAp- 
state, who shall hold office at the pleasure of the commission. P0lntees - 
It shall be the right and the duty of the attorney to represent 

and appear for the people of the State of California and the 
commission in all actions and proceedings involving any 
question under this act or under any order or act of the com- 
mission and, if directed so to do by the commission, to inter- 
vene, if possible, in any action or proceeding in which any 
such question is involved ; to commence, prosecute and expe- 
dite the final determination of all actions or proceedings, civil 
or criminal, directed or authorized by the commission ; to 
advise the commission and each member thereof, w T hen so 
requested, in regard to all matters in connection with the 
jurisdiction, powers or duties of the commission and members 
thereof ; and generally to perform all duties and services as 
attorney to the commission which may be required of him. 

(2) To appoint, and it shall appoint, a secretary, who 
shall hold office at the pleasure of the commission. It shall 
be the duty of the secretary to keep a full and true record of 
all the proceedings of the commission, to issue all necessary 
processes, writs, warrants and notices which the commission 
is required or authorized to issue, and generally to perform 
such other duties as the commission may prescribe. The 
commission may also appoint such assistant secretaries as 
may be necessary and such assistant secretaries may perform 
any duty of the secretary, when so directed by the com- 
mission. 

(3) To appoint a manager of the state compensation 
insurance fund who shall hold office at the pleasure of the 
commission. It shall be the duty of such manager to manage, 
supervise and conduct, subject to the general direction and 
approval of the commission, the business and affairs of the 
state compensation insurance fund and to perform such other 
duties as the commission may prescribe. Before entering on 
the duties of his office, he must give an official bond in the 
sum of $50,000, and take and subscribe to an official oath. 
Said bond must be approved by the commission, by written 
endorsement thereon, and be filed in the office of the secretary 
of state. 

(4) To appoint a superintendent of the department of 
6— ll 



82 BUREAU OF LABOR STATISTICS. 

Ap- safety, who shall hold office at the pleasure of the commission 
pomtees. and who shall perform such duties as the commission shall 
prescribe. 

(5) To employ such other assistants, officers, experts, 
statisticians, actuaries, accountants, inspectors, referees and 
other employees, as it may deem necessary to carry out the 
provisions of this act, or to perform the duties and exercise 
the powers conferred by law upon the commission. 
Compen- Sec. 8. All officers and employees of the commission shall 
ofem 1 - receive such compensation for their services as may be fixed 
pioyees. ^y t ne commission and shall hold office at the pleasure of the 
commission and shall perform such duties as are imposed on 
them by law or by the commission. The salaries of the mem- 
bers of the commission, its attorney, secretary and assistant 
secretary, as fixed by law or the commission, shall be paid 
in the same manner as are the salaries of other state officers. 
The salary or compensation of every other person holding 
office or employment under the commission, as fixed by law or 
by the commission, shall be paid monthly, after being approved 
by the commission, upon claims therefor to be audited by the 
state board of control. All expenses incurred by the com- 
mission pursuant to the provisions of this act, including the 
actual and necessary traveling and other expenses and dis- 
bursements of the members thereof, its officers and employees, 
incurred while on business of the commission, either within 
or without the state, shall, unless otherwise provided in this 
act, be paid from the funds appropriated for the use of the 
commission, after being approved by the commission, upon 
claims therefor to be audited by the board of control ; pro- 
vided, however, that no such expenses incurred outside of the 
state shall be allowed unless prior authorization therefor be 
obtained from the board of control. 
Depart- Sec. 9. In all cases in which salaries, expenses or out- 
expSes. goings of one department under the jurisdiction of the com- 
mission are expended in whole or in part on behalf of another 
department the commission may apportion the same between 
such departments. 
B^ank Sec. 10. The commission shall cause to be printed and 

fo.ms. furnished free of charge to any employer or employee, or 
other person, such blank forms as it shall deem requisite to 
facilitate or promote the efficient administration of this act ; 
it shall provide a book in which shall be entered the minutes 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 83 

of all its proceedings, a book in which shall be recorded all 
awards made by the commission and such other books or 
records as it shall deem requisite for the proper and efficient 
administration of this act ; all such records to be kept in the 
office of the commission. 

Sec. 11. The commission shall also have power and Powers, 
authority : 

(1) To charge and collect the following fees : For copies of Fees, 
papers and records not required to be certified or otherwise 
authenticated by the commission, ten cents for each folio ; 
for certified copies of official documents and orders filed in its 
office or of the evidence taken on proceedings had, fifteen 
cents for each folio. 

(2) To publish and distribute in its discretion from time to Reports. 
time, in addition to its annual report to the governor of the 
state, such further reports and pamphlets covering its opera- 
tions, proceedings and matters relative to its work as it may 
deem advisable. 

(3) To fix and collect reasonable charges for publications 
issued under its authority. 

(4) The fees charged and collected under this section shall Fees 
be paid monthly into the treasury of the state to the credit into 
of the "industrial accident fund" and shall be accompanied fund " 
by a detailed statement thereof. 

Sec. 12. (a) Liability for the compensation provided bj when 
this act, in lieu of any other liability whatsoever, shall. with-Js^^ 1 * 
out regard to negligence, exist against an employer for any^ 1115 * 
personal injury sustained by his employees by accident arising Pioyer. 
out of and in the course of the employment and for the death 
of any such employee if the injury shall proximately cause 
death, in those cases where the following conditions of com- 
pensation occur : 

(1) Where, at the time of the accident, both the employer 
and employee are subject to the compensation provisions of 
this act. 

(2) Where, at the time of the accident, the employee is 
performing service growing out of and incidental to his 
employment and is acting within the course of his employ- 
ment as such. 

(3) Where the injury is proximately caused by accident, 
either with or without negligence, and is not so caused by the 
intoxication or the wilful misconduct of the injured employee. 



84 BUREAU OF LABOR STATISTICS. 

( h ) Where such conditions of compensation exist, the right 
to recover such compensation pursuant to the provisions of 
this act, shall be the exclusive remedy against the employer 
for the injury or death, except that when the injury was 
caused by the employer's gross negligence or wilful miscon- 
duct and such act or failure to act causing such injury was 
the personal act or failure to act on the part of the employer 
himself, or if the employer be a partnership on the part of 
one of the partners, or if a corporation, on the part of an 
elective officer or officers thereof, and such act or failure to 
act indicated a wilful disregard of the life, limb, or bodily 
safety of employees, any such injured employee may, at his 
option, either claim compensation under this act or maintain 
an action at law for damages. 

(c) In all other cases where the conditions of compensa- 
tion do not concur, the liability of the employer shall be the 
same as if this act had not been passed. 
Em- Sec. 13. The term "employer" as used in sections twelve 

p oyer * to thirty-five, inclusive, of this act shall be construed to 
mean : The state, and each county, city and county, city, 
school district and all public corporations therein, and every 
person, firm, voluntary association, and private corporation 
(including any public service corporation), who has any per- 
son in service under any appointment or contract of hire, or 
apprenticeship, express or implied, oral or written, and the 
legal representatives of any deceased employer. 
Em- Sec. 14. The term "employee" as used in sections twelve 

pioyee. tQ thirty-five, inclusive, of this act shall be construed to 
mean : Every person in the service of an employer as defined 
by section thirteen hereof under any appointment or contract 
of hire or apprenticeship, express or implied, oral or written, 
including aliens and also including minors, but excluding any 
person whose employment is both casual and not in the usual 
course of the trade, business, profession or occupation of his 
employer, and also excluding any employee engaged in farm, 
dairy, agricultural, viticultural or horticultural labor, in stock 
or poultry raising or in household domestic service. 
compen- Sec. 15. Where liability for compensation under this act 
schedule, exists such compensation shall be furnished or paid by the 

employer and be as provided in the following schedule : 
Medical (a) Such medical, surgical and hospital treatment, includ- 
ment ing nursing, medicines, medical and surgical supplies, crutches 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 85 

and apparatus, as may reasonably be required at the time of 
the injury and within ninety days thereafter, to cure and 
relieve from the effects of the injury, the same to be provided 
by the employer, and in case of his neglect or refusal season- 
ably to do so, the employer to be liable for the reasonable 
expense incurred by or on behalf of the employee in providing 
the same. 

(b) 1. If the accident causes disability, a disability indem-Dis- 
nity which shall be payable for one week in advance as wages indem- 
on the fifteenth day after the injured employee leaves work mty ' 
as a result of the injury, and thereafter on the employer's 
regular pay day, but not less frequently than twice in each 
calendar month, unless otherwise ordered by the commission, 
subject, however, to the following limitations : 

(1) If the period of disability does not last longer than 
two weeks from the day the employee leaves work as the 
result of the injury, no disability indemnity whatever shall 
be recoverable. 

(2) If the period of disability lasts longer than two weeks 
from the day the employee leaves work as the result of the 
injury, no disability indemnity shall be recoverable for the 
first two weeks of such disability. 

2. The disability indemnity payable shall be as follows : Tempo- 

(1) If the accident causes temporary total disability, dts- 
sixty-five per cent of the average weekly earnings during the ablllty> 
period of such disability ; 

(2) If the accident causes temporary partial disability, 
sixty-five per cent of the weekly loss in wages during the 
period of such disability ; 

(3) If the temporary disability caused by the accident is 
at times total and at times partial, the weekly disability 
indemnity during the periods of each such total or partial dis- 
ability shall be in accordance with paragraphs (1) and (2) 
of this subdivision respectively ; 

(4) Paragraphs (1), (2) and (3) of this subdivision shall 
be limited as follows : Aggregate disability indemnity for a 
single injury causing temporary disability shall not exceed 
three times the average annual earnings of the employee, nor 
shall the aggregate disability period for such temporary dis- 
ability in any event extend beyond two hundred forty weeks 
from the date of the accident. 



86 BUREAU OF LABOR STATISTICS. 

(5) If the accident causes permanent disability, the per- 
centage of disability to total disability shall be determined 
and the disability indemnity computed and allowed as fol- 
lows : For a ten per cent disability, sixty-five per cent of the 
average weekly earnings for a period of forty weeks ; for a 
twenty per cent disability, sixty-five per cent of the average 
weekly earnings for a period of eighty weeks ; for a thirty 
per cent disability, sixty-five per cent of the average weekly 
earnings for a period of one hundred twenty weeks ; for a 
forty per cent disability, sixty-five per cent of the average 
weekly earnings for a period of one hundred sixty weeks ; for 
a fifty per cent disability, sixty-five per cent of the average 
weekly earnings for a period of two hundred weeks ; for a 
sixty per cent disability, sixty-five per cent of the average 
weekly earnings for a period of two hundred forty weeks ; for 
a seventy per cent disability, sixty-five per cent of the average 
weekly earnings for a period of two hundred forty weeks, and 
thereafter ten per cent of such weekly earnings during the 
remainder of life ; for an eighty per cent disability, sixty-five 
per cent of the average weekly earnings for a period of two 
hundred forty weeks, and thereafter twenty per cent of such 
weekly earnings during the remainder of life ; for a ninety 
per cent disability, sixty-five per cent of the average weekly 
earnings for a period of two hundred forty weeks and there- 
after thirty per cent of such weekly earnings during the 
remainder of life ; for a hundred per cent disability, sixty-five 
per cent of the average weekly earnings for a period of two 
hundred forty weeks and thereafter forty per cent of such 
weekly earnings during the remainder of life. 

(6) The indemnity for permanent disabilities intermediate 
to those fixed by the foregoing schedule shall be computed and 
allowed as follows : If under seventy per cent, sixty-five per 
cent of the average weekly earnings for four weeks for each 
one per cent of disability ; if seventy per cent or over, sixty- 
five per cent of the average weekly earnings for two hundred 
forty weeks and thereafter one per cent of such weekly earn- 
ings for each one per cent of disability in excess of sixty per 
cent to be paid during the remainder of life. 

(7) In determining the percentages of permanent dis- 
ability, account shall be taken of the nature of the physical 
injury or disfigurement, the occupation of the injured em- 
ployee and his age at the time of such injury. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. S7 

(8) Nothing contained in the foregoing schedule of perma- 
nent disability indemnity shall be held to limit the amount of 
compensation recoverable for any such permanent injury dur- 
ing any period of total incapacity due to illness resulting 
from that injury, but any sum so received shall be deducted 
from the compensation payable in accordance with the said 
schedule. 

(9) The following permanent disabilities shall be conclu- 
sively presumed to be total in character : Loss of both eyes 
or the sight thereof ; loss of both hands or the use thereof ; 
an injury resulting in a practically total paralysis ; an injury 
to the brain resulting in incurable imbecility or insanity. In 
all other cases, permanent total disability shall be determined 
in accordance with the fact. 

3. The death of the injured employee shall not affect the Death 
liability of the employer under subsections (a) and (b) of injured 
this section, so far as such liability has accrued and become pioyee. 
payable at the date of the death, and any accrued and unpaid 
compensation shall be paid to the dependents, if any, without 
administration, or if there are no dependents, to the personal 
representatives of the deceased employee or other person 
entitled thereto, but such death shall be deemed to be the 
termination of the disability. 

(c) If the accident causes death, either with or without 
disability, a death benefit which shall be payable in install- 
ments equal to sixty-five per cent of the average weekly earn- 
ings of the deceased employee, upon the employer's regular 
pay day, but not less frequently than twice in each calendar 
month, unless otherwise ordered by the commission, which 
death benefit shall be as follows : 

(1) In case the deceased employee leaves a person or per- 
sons, wholly dependent upon him for support, the death 
benefit shall be a sum sufficient, when added to the disability 
indemnity which, at the time of death has accrued and become 
payable, under the provisions of subsection (6) hereof, to 
make the total disability indemnity and death benefit equal to 
three times his average annual earnings, such annual earnings 
to be taken at not less than three hundred and thirty-three 
dollars and thirty-three cents nor more than one thousand six 
hundred and sixty-six dollars and sixty-six cents. 

(2) In case the deceased employee leaves no person wholly 
dependent upon him for support, but one or more persons par- 



88 BUEEAU OF LABOR STATISTICS. 

tially dependent therefor, the death benefit shall be such per- 
centage of three times such average annual earnings of the 
employee as the annual amount devoted by the deceased to the 
support of the person or persons so partially dependent bears 
to such average annual earnings ; provided, that the death 
benefit shall not be greater than a sum sufficient, when added 
to the disability indemnity which, at the time of the death, 
has accrued and become payable under the provisions of sub- 
section (b) hereof to make the total disability indemnity and 
death benefit equal to three times his average annual earnings, 
such average annual earnings to be taken at not less than 
three hundred and thirty-three dollars and thirty-three cents 
nor more than one thousand six hundred and sixty-six dollars 
and sixty-six cents. 

(3) If the deceased employee leaves no person dependent 
upon him for support, the death benefit shall consist of the 
reasonable expenses of his burial not exceeding one hundred 
dollars and such further death benefit as may be provided 
by law. 

(d) Payment of compensation in accordance with the order 
and direction of the commission shall discharge the employer 
from all claims therefor. 
Limita- Sec. 16. (a ) Unless compensation is paid or an agree- 
actfons. ment f° r its payment made within the time limited in this 
section for the institution of proceedings for its collection, 
the right to institute such proceedings shall be wholly barred. 

( b ) The periods within which proceedings for the collection 
of compensation may be commenced are as follows : 

(1) Proceedings for the collection of the benefit provided 
by subsection (a) of section fifteen or for the collection of 
the disability indemnity provided by subsection ib) of said 
section fifteen must be commenced within six months from 
the date of the accident, except as otherwise provided in this 
act. 

(2) (Proceedings for the collection of the death benefit 
provided by subsection (c) of said section fifteen must be 
commenced within one year from the date of death, and in 
any event within two hundred forty weeks from the date of 
the accident, and can only be maintained when it appears 
that death ensued within one year from the date of the 
accident, or that the accident causing death also caused dis- 
ability which continued to the date of the death and for which 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 89 

a disability indemnity was paid, or an agreement for its 
payment made, or proceedings for its collection commenced 
within the time limited for the commencement of proceed- 
ings for the recovery of the disability indemnity. 

(c) The payment of the disability indemnity or death 
benefit, or any part thereof, or agreement therefor, shall 
have the effect of extending the period within which pro- 
ceedings for its collection may be commenced, six months 
from the date of the agreement or last payment of such dis- 
ability indemnity or death benefit or any part thereof. 

(d) If an injured employee, or in the case of his death. 
one or more of his dependents, shall be a minor or incom- 
petent at any time when any right or privilege accrues to 
such person under the provisions of this act, a general 
guardian, appointed by the court or a guardian ad litem or 
trustee appointed by the commission or a commissioner may, 
on behalf of any such person, claim and exercise any such 
right or privilege with the same force and effect as if no such 
disability existed ; and no limitation of time provided by this 
act shall run against any such minor or incompetent unless 
and until such guardian or trustee is appointed. 

(e) No compensation shall be payable in respect of the 
death or disability of an employee if his death is caused, or 
if and so far as his disability is caused, continued, or 
aggravated, by an unreasonable refusal to submit to medical 
treatment, or to any surgical treatment, the risk of which is, 
in the opinion of the commission, inconsiderable in view 
of the seriousness of the injury. 

(f) The fact that an employee has suffered a previous 
disability, or receives compensation therefor, shall not pre- 
clude him from compensation for a later injury, or his 
dependents from compensation for death resulting therefrom, 
but in determining compensation for the later injury, or 
death resulting therefrom, his average annual earnings shall 
be fixed at such sum as will reasonably represent his 
annual earning capacity at the time of the later injury. 

(g) Any payment, allowance or benefit received by the 
injured employee during the period of his incapacity, or by 
his dependents in the event of his death, which by the 
terms of this act was not then due and payable or when there 
is any dispute or question concerning the right to com- 
pensation, shall not, in the absence of any agreement, be 



00 BUREAU OF LABOR STATISTICS. 

construed to be an admission of liability for compensation 
on the part of the employer, or the acceptance thereof as a 
waiver of any right or claim which the employee or his 
dependents may have against the employer, but any such pay- 
ment, allowance or benefit may be taken into account by 
the commission in fixing the amount of the compensation 
to be paid. 
Average Sec. 17. (a) The average weekly earnings referred to 
and y in section fifteen hereof shall be one fifty-second of the aver- 
eam- al a § e annual earnings of the employee ; in computing such 
in ss- earnings his average annual earnings shall be taken at not 
less than three hundred and thirty-three dollars and thirty- 
three cents, nor at more than one thousand six hundred and 
sixty-six dollars and sixty-six cents and between said limits 
shall be arrived at as follows : 

(1) If the injured employee has worked in the same 
employment, whether for the same employer or not, during 
substantially the whole of the j^ear immediately preceding his 
injury, his average annual earnings shall consist of three 
hundred times the average daily earnings, wage or salary 
which he earned as such employee during the days when 
so employed. 

(2) If the injured emplo3 T ee has not so worked in such 
employment during substantially the whole of such immedi- 
ately preceding year, his average annual earnings shall con- 
sist of three hundred times the average daily earnings, wage 
or salary which an employee of the same class, working sub- 
stantially the whole of such immediately preceding year, in 
the same or a similar kind of employment, in the same or 
a neighboring place, earned during the days when so 
employed. 

(3) In every case where for any reason the foregoing 
methods of arriving at the average annual earnings of the 

-injured employee cannot reasonably and fairly be applied, 
such annual earnings shall be taken at such sum as, 
having regard to the previous earnings of the injured 
employee, and of other employees of the same or most similar 
class, working in the same or most similar employment, in 
the same or neighboring locality, shall reasonably represent 
the average annual earning capacity of the injured employee 
at the time of the injury in the kind of employment in which 
lie was then working, or in any employment similar thereto. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 91 

(6) In determining such average weekly earnings, there 
shall be included the market value of board, lodging, fuel and 
other advantages received by the injured employee, as part 
of his remuneration and which can be estimated in money, 
but such average weekly earnings shall not include any 
sum which the employer paid to the injured employee to 
cover any special expenses entailed on him by the nature 
of his employment. 

(c) If the injured employee is a minor, and his incapacity, 
whether total or partial, is permanent, his average weekly 
earnings shall, be deemed, within the limits fixed, to be the 
weekly sum, that under ordinary circumstances he would 
probably be able to earn after obtaining the age of twenty- 
one years, in the occupation in which he was employed at 
the time of the injury, if he had not been injured. 

Sec. 18. The weekly loss in wages referred to in section weekly 
fifteen hereof shall consist of the difference between the Jjjjjj 
average weekly earnings of the injured employee, computed 
according to the provisions of said section, and the weekly 
amount which the injured employee, in the exercise of 
reasonable diligence, will probably be able to earn during the 
disability, to be determined in view of the nature and extent 
of the injury. In computing such probable earnings due 
regard shall be had to the ability of the injured emploj^ee to 
compete in an open labor market. 

Sec. 19. (a) The following shall be conclusively pre- Persons 
sumed to be wholly dependent for support upon a deceased S 10 ^. 
employee : ent for 

(1) A wife upon a husband with whom she was living SU1 
at the time of his death. 

(2) A husband upon a wife upon whose earnings he is 
partially or wholly dependent at the time of her death. 

(3) A child or children under the age of eighteen years 
(or over said age, but physically . or mentally incapacitated 
from earning) upon the parent with whom he or they are 
living at the time of the death of such parent or for whose 
maintenance such parent was legally liable at the time of 
his death, there being no surviving dependent parent. 

(b) In all other cases, questions of entire or partial 
dependency and questions as to who constitute dependents 
and the extent of their dependency shall be determined in 



92 BUREAU OF LABOR STATISTICS. 

accordance with the fact, as the fact may be at the time 
of the death of the employee. 

(c) No person shall be considered a dependent of any 
deceased employee unless a member of the family of such 
employee or unless such person bears to such employee the 
relation of husband or wife, child, adopted child or step- 
child, father or mother, father-in-law or mother-in-law, 
grandfather or grandmother, brother or sister, nephew or 
niece. 

(d) 1. If there is one or more persons wholly dependent 
for support upon a deceased employee, such person or persons 
shall receive the entire death benefit, and any person or per- 
sons partially dependent shall receive no part thereof, unless 
otherwise ordered by the commission. 

2. If there is more than one such person wholly dependent 
for support upon a deceased employee, the death benefit shall 
be divided equally among them, unless otherwise ordered by 
the commission. 

3. If there is more than one person partially dependent 
for support upon a deceased employee, and no person wholly 
dependent for support, the amount allowed as the death 
benefit shall be divided among the persons so partially 
dependent in proportion to the relative extent of their 
dependency, unless otherwise ordered by the commission. 

(e) The death benefits shall be paid to such one or more 
of the dependents of the deceased, or to a trustee appointed by 
the commission, or a commissioner, for the benefit of the per- 
son or persons entitled, as may be determined by the com- 
mission, and the commission may, anything in this act con- 
tained to the contrary notwithstanding, apportion such 
benefits among the dependents in proportion to their respec- 
tive needs and as may be just and equitable, and may order 
payment to a dependent subsequent in right, or not otherwise 
entitled, upon good cause being shown therefor. The person 
to whom the death benefit is paid for the use of the several 
beneficiaries shall apply the same in compliance with the 
findings and directions of the commission. 

Notice Sec. 20. No claim to recover compensation under this act 

pioyer shall be maintained unless within thirty clays after the 

dent. 01 " occurrence of the accident which is claimed to have caused the 

injury or death, notice in writing, stating the name and the 

address of the person injured, the time and the place where 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 93 

the accident occurred, and the nature of the injury, and 
signed by the person injured or some one in his behalf, or in 
case of his death, by a dependent or some one in his behalf, 
shall be served upon the employer ; provided, however, that 
actual knowledge of such accident and injury on the part 
of such employer, or his managing agent or superintendent in 
charge of the work, upon which the injured employee was 
engaged at the time of the injury, shall be equivalent to such 
service ; and provided, further, that the failure to give any 
such notice, or any defect or inaccuracy therein, shall not be 
a bar to recovery under this act if it is found as a fact in 
the proceedings for the collection of the claim that there was 
no intention to mislead or prejudice the employer, and that 
he was not in fact misled or prejudiced thereby. 

Sec. 21. (a) Whenever in case of injury the right to Exami- 
compensation under this act would exist in favor of any by p^y. 
employee, he shall, upon the written request of his employer, sician - 
submit from time to time to examination by a practicing 
physician, who shall be provided and paid for by the employer, 
and shall likewise submit to examination from time to time 
by any physician selected by the commission or any member 
or referee thereof. 

(6) The request or order for such examination shall fix 
a time and place therefor, due regard being- had to the con- 
venience of the employee and his physical condition and 
ability to attend at the time and place fixed. The employee 
shall be entitled to have a physician provided and paid for 
by himself present at any such examination. So long as 
the employee, after such written request of the employer, 
shall fail or refuse to submit to such examination or shall in 
any way obstruct the same, his right to begin or maintain 
any proceeding for the collection of compensation shall be 
suspended, and if he shall fail or refuse to submit to such 
examination after direction by the commission, or any member 
or referee thereof, or shall in any way obstruct the same, his 
right to the weekly indemnity which shall accrue and become 
payable during the period of such failure, refusal or obstruc- 
tion, shall be barred. Any physician who shall make or be 
present at any such examination may be required to testify 
as to the results thereof. 



94 BUREAU OF LABOR STATISTICS. 

Appiica- Sec. 22. Upon filing with the commission by any party in 
hearing interest of an application in writing stating the general 
pute is " na ture of any dispute or controversy concerning compensa- 
tion, or concerning any right of liability arising out of, or 
incident thereto, jurisdiction over which is vested by this act 
in the commission, a time and place shall be fixed for the 
hearing thereof, which shall be not less than ten days nor 
more than forty days after the filing of such application. 
The person filing such application shall be known as the 
applicant and the adverse party shall be known as the 
defendant. A copy of said application, together with a notice 
of the time and place of hearing thereof, shall forthwith be 
served upon all adverse parties and may be served either as a 
summons in a civil action or in the same manner as any 
other notice that is authorized or required to be served under 
the provisions of this act. A notice of the time and place 
of hearing shall also be served upon the applicant. 
Defend- Sec. 23. If any defendant desires to disclaim any interest 
answer, in the subject-matter of the claim in controversy, or considers 
that the application is in any respect inaccurate or incom- 
plete, or desires to bring any fact, paper or document to 
the attention of the commission as a defense to the claim, or 
otherwise, he must within five days after the service of the 
application upon him, file with or mail to the commission 
his answ T er setting forth the particulars in which the applica- 
tion is inaccurate or incomplete, and the facts upon which 
he intends to rely. A copy of such answer must be forthwith 
served upon all adverse parties. 
Plead- Sec. 24. (a) No pleadings, other than the application 
tefu- an d answer, shall be required. The hearing on the applica- 
mony, ^ion may j^ adjourned from time to time and from place 
to place in the discretion of the commission. Either party 
shall have the right to be present at any hearing, in person 
or by attorney or by any other agent, and to present such 
testimony as shall be pertinent under the pleadings, but the 
commission may, with or without notice to either party, cause 
testimony to be taken, or inspection of the premises where 
the injury occurred to be made, or the time-books and pay 
roll of the employer to be examined by any commissioner or 
any referee appointed by the commission, and may from time 
to time direct any employee claiming compensation to be 
examined by a regular physician ; the testimony so taken 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 95 

and the results of any such inspection or examination to be 
reported to the commission for its consideration. 

(5) The parties to a controversy may stipulate the facts 
relative thereto in writing and file such stipulation with the 
commission. The commission may thereupon make its find- 
ings and award based upon such stipulation, or may in its 
discretion set the matter down for hearing and take such 
further testimony or make such further investigations as may 
be necessary to enable it to completely determine the matter 
in controversy. 

Sec. 25. (a) After final hearing by the commission, it Finding 
shall, within thirty days, make and file (1) its findings award. 
upon all facts involved in the controversy and (2) its award 
which shall state its determination as to the rights of the 
parties. 

(b) The commission in its award may fix and determine 
the total amount of compensation to be paid and specify 
the manner of payment, or may fix and determine the weekly 
disability indemnity to be paid and order payment thereof 
during the continuance of such disability. 

(c) If, in any proceeding under sections twelve to thirty- 
five, inclusive, of this act, it is proved that an accident has 
happened for which the employer would be liable to pay 
compensation if disability had resulted therefrom, but it is 
not proved that any incapacity had resulted, the commission 
may, instead of dismissing the application, award a nominal 
disability indemnity, if it appears that disability is likely to 
result at a future time. 

(d) The commission shall have continuing jurisdiction over 
all its orders, decisions and awards made and entered under 
the provisions of sections twelve to thirty-five, inclusive, of 
this act and may at any time, upon notice, and after oppor- 
tunity to be heard is given to the parties in interest, rescind, 
alter or amend any such order, decision or award made by it 
upon good cause appearing therefor ; provided, that no award 
of compensation shall be rescinded, altered or amended after 
two hundred forty-five weeks from the date of the accident. 
Any order, decision or award rescinding, altering or amend- 
ing a prior order, decision or award shall have the same effect 
as is herein provided for original orders, decisions or awards. 



96 BUREAU OF LABOR STATISTICS. 

Findings Sec. 26. (a) Any party affected thereby may file a certi- 
fied e fied copy of the findings and award of the commission with 
court. tne c ^ ei *k of the superior court for any county, or city and 
county, and judgment must be entered by the clerk in con- 
formity therewith immediately upon the filing of such find- 
ings and award. 

(&) The certified copy of the findings and award of the 
commission and a copy of the judgment shall constitute the 
judgment roll. The pleadings, all orders of the commission, 
its original findings and award, and all other papers or docu- 
ments filed in the cause shall remain on file in the office of 
the commission. 

(c) The commission, or any member thereof, may stay the 
execution of any judgment entered upon an award of the 
commission, upon good cause appearing therefor and upon 
such terms and conditions as may be imposed. A certified 
copy of such order shall be filed with the clerk entering such 
judgment. 

(d) Satisfaction of a judgment entered upon the award of 
the commission may be entered in the manner provided by 
law for the satisfaction of judgment. When a judgment is 
satisfied in fact, otherwise than upon an execution, the com- 
mission may, upon motion of either party or of its own 
motion, order the entry of satisfaction of the judgment to be 
made, and upon filing a certified copy of such order with the 
said clerk, he shall thereupon enter such satisfaction. 

Review Sec. 27. The orders, findings, decisions or awards of the 
sions C by commission made and entered under sections twelve to thirty- 
courts. g V€ ^ i nc i us i ve> f this act may be reviewed by the courts 
specified in sections eighty-four and eighty-five hereof and 
within the time and in the manner therein specified and not* 
otherwise. 
Fees of Sec. 28. No fees shall be charged by the clerk of any 
court° f court for the performance of any official service required by 
this act, except for the docketing of awards as judgments and 
for certified copies of transcripts thereof. In all proceedings 
under this act before the commission, costs as between the 
parties shall be allowed or not in the discretion of the com- 
mission, and the commission may in its discretion, where 
payments of compensation have been unreasonably delayed, 
allow the beneficiary thereof interest thereon, at not to exceed 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 97 

one and one half per cent per month, during such period of 
delay. 

Sec. 29. (a) No claim for compensation shall be assign- Assign- 
able before payment, but this provision shall not affect the5a£L° f 
survival thereof, nor shall any claim for compensation, or 
compensation awarded, adjudged or paid, be subject to be 
taken for the debts of the party entitled to such compensa- 
tion, except as hereinafter provided. 

(6) The commission may fix and determine and allow as a 
lien against any amount to be paid as compensation : 

(1) A reasonable attorney's fee for legal services pertain- 
ing to any claim for compensation or application filed there- 
for and the reasonable disbursements in connection therewith. 

(2) The reasonable expense incurred by or on behalf of 
the injured employee and for which the employer is liable 
under the provisions of subsection (a) of section fifteen 
hereof. 

(3) The reasonable burial expenses of the deceased em- 
ployee, not to exceed the sum of one hundred dollars. 

(c) If notice in writing be given to the employer setting 
forth the nature and extent of any claim, that may be allowed 
as a lien, the said claim shall be a lien against any amount 
thereafter to be paid as compensation, subject to the deter- 
mination of the amount and approval thereof by the commis- 
sion. The commission may, in its discretion, order the 
amount of such claim as fixed and allowed by it paid directly 
to the person entitled, either in a lump sum or in install- 
ments. 

(d) No claim or agreement for the legal services or dis- 
bursements mentioned in paragraph (1) of subsection (b) 
hereof, or for the expense mentioned in paragraph (2) of 
said subsection (&), in excess of a reasonable amount, shall 
be valid or binding in any respect. 

(e) A claim for compensation for the injury or death of 
any employee, or any award or judgment entered thereon, 
shall have the same preference over the other unsecured debts 
of the employer as is given by law to claims for wages. Such 
preference shall be for the entire amount of compensation to 
be paid, but this section shall not impair the lien of any pre- 
vious award. 

7 — LL 



98 BUREAU OF LABOB STATISTICS. 

Princi- Sec. 30. The liability of principals and contractors for 
Ba^f compensation under this act, when other than the immediate 
bihty. employer of the injured employee, shall be as follows : 

(a) The principal, any general contractor and each inter- 
mediate contractor who undertakes to do, or contracts with 
another to do, or to have done, any work, shall be liable to 
pay to any employee injured while engaged in the execution 
of such work, or to his dependents in the event of his death, 
any compensation which the immediate employer is liable to 
pay. 

(b) The person entitled to such compensation shall have 
the right to recover the same directly from his immediate 
employer, and in addition thereto the right to enforce in his 
own name, in the manner provided by this act, the liability 
for compensation imposed upon other persons by this section, 
either by making such other persons parties to the original 
application or by filing a separate application ; provided, how- 
ever, that payment in whole or in part of such compensation 
by either the immediate employer or other person shall, to the 
extent of such payment, be a bar to recovery against the other 
by any person entitled to such compensation. 

(c) When any person, other than the immediate employer, 
shall have paid any compensation for which he would not 
have been liable independently of this section, he shall, unless 
he caused the injury, be entitled to recover the full amount 
so paid from the person primarily liable therefor. 

(d) The liability imposed by this section upon such prin- 
cipal, general contractor and intermediate contractor shall be 
subject to the following limitations : 

(1) Such liability shall exist only in cases where the 
injury occurred on or in or about the premises on which the 
principal, general contractor or intermediate contractor has 
undertaken to execute any work, or when such premises or 
work are otherwise under his control or management. 

(2) Such liability shall not exist in the event that the 
immediate employer, or other person primarily liable for the 
compensation shall, previous to the happening of such acci- 
dent, have taken out, and maintained in full force and effect, 
compensation insurance with any insurance carrier, covering 
his full liability for compensation to the injured person or 
his dependents. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 99 

(3) The commission may, in its discretion, order that 
execution against the principal, general contractor and any 
intermediate contractor, be stayed until execution against the 
immediate employer shall be returned unsatisfied. 

Sec. 31. The making of a lawful claim against an em- Claim 
ployer for compensation under this act for the injury ora? era 
death of his employee shall operate as an assignment to thejfraurf 
employer of any right to recover damages which the injured ri s ht - 
employee, or his personal representative, or other person, may 
have against any other party for such injury or death, and 
such employer shall be subrogated to any such right and may 
enforce in his own name the legal liability of such other 
party. The amount of compensation paid by the employer, 
or the amount of compensation to which the injured employee 
or his dependents is entitled, shall not be admissible in evi- 
dence in any action brought to recover damages, but any 
amount collected by the employer, under the provisions of 
this section, in excess of the amount paid by the employer, 
or for which he is liable, shall be held by him for the benefit 
of the injured employee or other person entitled. 

Sec. 32 (a) No contract, rule or regulation shall exempt No ex- 
the employer from liability for the compensation fixed by this by con- 
act, but nothing in this act contained shall be construed as tract * 
impairing the right of the parties interested to settle, subject 
to the provisions herein contained, any liability which may be 
claimed to exist under this act on account of such injury or 
death, or as conferring upon the dependents of any injured 
employee any interest which such employee may not divert by 
such settlement or for which he, or his estate, shall, in the 
event of such settlement by him, be accountable to such 
dependents or any of them. 

(5) The compensation herein provided shall be the measure 
of the responsibility which the employer has assumed for 
injuries or death that may occur to employees in his employ- 
ment when subject to the provisions of this act, and no 
release of liability or settlement agreement shall be valid 
unless it provides for the payment of full compensation in 
accordance with the provisions of this act or until and unless 
it shall be approved by the commission. 

(c) A copy of any such release or settlement agreement 
signed by both parties shall forthwith be filed with the com- 
mission. When such release or settlement agreement is filed 



100 BUREAU OF LABOR STATISTICS. 

with the commission and approved by it, the commission may 
of its own motion, or on the application of either party, with- 
out notice, enter its award based upon such release or settle- 
ment agreement. 

(d) Every such release or settlement agreement shall be in 
writing, duly executed and attested by two disinterested wit- 
nesses, and shall specify the date of the accident, the average 
weekly wages of the employee, determined according to sec- 
tion seventeen hereof, the nature of the disability, whether 
total or partial, permanent or temporary, the amount paid or 
due and unpaid to the employee up to the date of the release 
or agreement or death, as the case may be, and, if any, the 
amount of the payment or benefits then or thereafter to be 
made, and the length of time that such payment is to con- 
tinue. In case of death there shall also be stated in such 
release or settlement agreement the date of death, the name 
of the widow, if any, the name and ages of all children, if 
any, and the names of all other dependents, if any, and 
whether such dependents be total or partial, and the amount 
paid or to be paid as a death benefit and to whom such pay- 
ment is to be made. 
Com- Sec. 33. (a) At the time of making its award or at any 

compen- time thereafter the commission on its own motion, either with 
tohimp or without notice, or upon application of either party with 
sum - due notice to the other, may in its discretion, commute the 
compensation payable under this act to a lump sum, if it 
appears that such commutation is necessary for the protection 
of the person entitled thereto, or for the best interest of either 
party, or that it will avoid undue expense or hardship to 
either party, or that the employer has sold or otherwise dis- 
posed of the greater part of his assets, or is about to do so, or 
that the employer is not a resident of this state, and the com- 
mission may order such compensation paid forthwith or at 
some future time. 

(6) The amount of the commuted payment shall be deter- 
mined in accordance with the following provisions : 

(1) If the accident causes temporary disability, the com- 
mission shall estimate the probable duration thereof and the 
probable amount of the temporary disabiliey indemnity pay- 
able therefor in accordance with the provisions of section 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 101 

fifteen hereof and shall fix the lump sum payment at such 
amount so determined. 

(2) If the accident causes permanent disability or death, 
the commission shall fix the total amount of the permanent 
disability indemnity or death benefit payable therefor in 
accordance with the provisions of said section fifteen and 
shall estimate the present value thereof, assuming interest at 
the rate of six per cent per annum, disregarding the prob- 
ability of the beneficiary's death in all cases except where the 
percentage of permanent disability is such as to entitle the 
beneficiary to a life-pension, and then taking into considera- 
tion the probability of the beneficiary's death only in estimat- 
ing the present value of such life pension. 

(c) The commission in its discretion may order the lump 
sum payment, determined as hereinbefore provided, paid 
directly to the injured employee or to his dependents, or 
deposited with any savings bank or trust company authorized 
to transact business in this state, that will agree to accept 
the same as a deposit bearing interest at not less than four 
per cent, per annum, or the commission may order the same 
deposited with the state compensation insurance fund. Any 
such amount so deposited, together with all interest thereon, 
shall thereafter be held in trust for the injured employee, or 
in the event of his death, for his dependents, who shall have 
no further recourse against the employer. Payments from 
said fund, when so deposited, shall be made by the trustee 
only in the same amounts and at the same times as fixed by 
the order of the commission and until said fund and interest 
thereon shall be exhausted. In the appointment of the trustee 
preference shall be given, in the discretion of the commission, 
to the choice of the injured employee or his dependents. 
Upon the making of such payment, the employer shall present 
to the commission a proper receipt evidencing the same, 
executed either by the injured employee or his dependents, or 
by the trustee, and the commission shall thereupon issue its 
certificate in proper form evidencing the same, and such cer- 
tificate, upon filing with the clerk of the superior court in 
which any judgment upon an award may have been entered, 
shall operate as a satisfaction of said award and shall fully 
discharge the employer from any further liability on account 
thereof. 



102 BUREAU OF LABOR STATISTICS. 

Mutual Sec. 34. (a) Nothing in this act shall affect the organiza- 
ance" tion of any mutual or other insurance company, or any exist- 
niS D no"t in £ contract for insurance or the right of the employer to 
affected, insure in mutual or other companies, in whole or in part, 
against liability for the compensation provided for by this 
act ; or, to provide by mutual or other insurance, or by 
arrangement with his employees, or otherwise, for the pay- 
ment to such employees, their families, dependents or repre- 
sentatives, of sick, accident or death benefits, in addition to 
the compensation provided for by this act. 
Compen- (o) Liability for compensation shall not be reduced or 
not lon affected by any insurance, contribution, or other benefit what- 
affected. soever (j ue to or received by the person entitled to such com- 
pensation, except as otherwise provided by this act, and the 
person so entitled shall, irrespective of any insurance or other 
contract, except as otherwise provided in this act, have the 
rights to recover such compensation directly from the em- 
ployer, and in addition thereto, the right to enforce in his own 
name, in the manner provided in this act, either by making 
the insurance carrier a party to the original application or 
by filing a separate application, the liability of any insurance 
carrier, which may, in whole or in part, have insured against 
liability for such compensation ; provided, however, that pay- 
ment in whole or in part of such compensation by either the 
employer or the insurance company shall, to the extent 
thereof, be a bar to recovery against the other of the amount 
so paid ; and provided, further, that as between the employer 
and the insurance company, payment by either directly to 
the employee, or to the person entitled to compensation, shall 
be subject to the conditions of the insurance contract between 
them. 
Gamer (c) Every contract insuring against liability for com- 
to a em- pensation, or insurance policy evidencing the same, must con- 
pioyee. tain a clause to the effect that the insurance carrier shall be 
directly and primarily liable to the employee and, in the 
event of his death, to his dependents, to pay the compensation, 
if any, for which the employer is liable ; that, as between 
the employee and the insurance carrier, the notice to or 
knowledge of the occurrence of the injury on the part of 
the employer shall be deemed notice or knowledge, as the case 
may be, on the part of the insurance carrier; that jurisdic- 
tion of the employer shall, for the purpose of this act, be 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 103 

jurisdiction of the insurance carrier and that the insurance 
carrier shall in all things be bound by and subject to the 
orders, findings, decisions or awards rendered against the 
employer under the provisions of this act. 

(d) Such policy must also provide that the employee shall Em- 
have a first lien upon any amount which shall become owing has 
on account of such policy to the employer from the insurance uen. 
carrier and that in case of the legal incapacity or inability 

of the employer to receive the said amount and pay it over 
to the employee or his dependents, the said insurance carrier 
may and shall pay the same directly to the said employee 
or his dependents, thereby discharging to the extent of such 
payment the obligations of the employer to the employee, 
and such policy shall not contain any provisions relieving 
the insurance carrier from payment when the employer 
becomes insolvent or is discharged in bankruptcy, or other- 
wise, during the period that the policy is in operation or the 
compensation remains owing. 

(e) 1. If the employer shall be insured against liability insur- 
for compensation with any insurance carrier, and if after the carrier 
happening of any accident such insurance carrier shall serve ™f^ ve 
or cause to be served upon any person claiming compensation £™' 
against such employer a notice that it has assumed and 
agreed to pay the compensation, if any, for which the 
employer is liable, and shall file a copy of such notice with 

the commission, such employer shall thereupon be relieved 
from liability for compensation to such claimant and the 
insurance carrier shall, without notice, be substituted in 
place of the employer in any proceeding theretofore or there- 
after instituted by such person to recover such compensation, 
and the employer shall be dismissed therefrom. Such pro- 
ceeding shall not abate on account of such substitution but 
shall be continued against such insurance carrier. 

2. If at the time of the happening of an accident for Notice 
which compensation is claimed, or may be claimed, the pi y?r. 
employer shall be insured against liability for the full 
amount of compensation payable, or that may become payable, 
the employer may serve or cause to be served upon any per- 
son claiming compensation on account of the happening of 
such accident and upon the insurance carrier a notice that 
the insurance carrier has, in its policy contract or otherwise, 
assumed and agreed to pay the compensation, if any, for 



104 BUREAU OF LABOR STATISTICS. 

which the employer is liable, and may file a copy of such 
notice with the commission. If it shall thereafter appear 
to the satisfaction of the commission that the insurance car- 
rier has, through the issuance of its contract of insurance 
or otherwise, assumed such liability for compensation, such 
employer shall thereupon be relieved from liability for com- 
pensation to such claimant and the insurance carrier shall, 
after notice, be substituted in place of the employer in any 
proceeding theretofore or thereafter instituted by such per- 
son to recover such compensation, and the employer shall be 
dismissed therefrom. Such proceeding shall not abate on 
account of such substitution, but shall be continued against 
such insurance carrier. 
Carrier (/) Where any employer is insured against liability for 
gated compensation with any insurance carrier and such insurance 
pioyer's carrier shall have paid any compensation for which the 
rights, employer w^as liable, or shall have assumed the liability of 
the employer therefor, it shall be subrogated to all the rights 
and duties of the employer and may enforce any such rights 
in its own name. 
"Lim- Sec. 35. (a) If any insurance policy shall be issued 

covering liability for compensation, which policy shall contain 
any limitation as to the compensation payable, such limitation 
shall be printed in the body of such policy in boldface type 
and in addition thereto the words "limited compensation 
policy" shall be printed on the top of the policy in bold- 
faced type not less than eighteen point in size. 

(5) No insurance carrier shall insure against the liability 
of the employer for damages recoverable at law by the 
injured employee under the optional provisions contained in 
section twelve hereof, and any insurance carrier liable to 
any such injured employee for compensation upon the pay- 
ment of the same shall have the same option given by said 
section twelve to such employee and shall be fully subrogated 
to his rights, and may enforce such liability for damages 
against the employer in its own name, anything in the 
insurance contract to the coutrary notwithstanding. 
Fund. Sec. 36. There is hereby created and established a fund 

created. to ^ e jj n0WI1 as the "state compensation insurance fund," to 
be administered by the industrial accident commission of 
the state, without liability on the part of the state beyond 
the amount of said fund, for the purpose of insuring 



ited 
compen 
sation 
policy.' 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 105 

employers against liability for compensation under this act 
and insuring to employees and other persons the compensation 
fixed by this act for employees and their dependents. 

Sec. 37. (a) The state compensation insurance fund shall Revoiv- 
be a revolving fund and shall consist of such specific appro- fSnd. 
priations as the legislature may from time to time make or 
set aside for the use of such fund, all premiums received and 
paid into the said fund for compensation insurance issued, 
all property and securities acquired by and through the use 
of moneys belonging to said fund and all interest earned 
upon moneys belonging to said fund and deposited or invested, 
as herein provided. 

(&) Said fund shall be applicable to the payment of losses 
sustained on account of insurance and to the payment of the 
salaries and other expenses to be charged against said fund 
in accordance with the provisions contained in this act. 

(c) Said fund shall, after a reasonable time during which 
it may establish a business, be fairly competitive with 
other insurance carriers, and it is the intent of the legis- 
lature that said fund shall ultimately become neither more 
nor less than self-supporting. 

Sec. 38. (a) The commission is herebv vested with full Commis- 

■ . ,..,.. - sion 

power, authority and jurisdiction over the state compensa- vested 
tion insurance fund and may do and perform any and all power 
things whether herein specifically designated, or in addition °^ 
thereto, which are necessary or convenient in the exercise 
of any power, authority or jurisdiction over said fund in 
the administration thereof, or in connection with the insur- 
ance business to be carried on by it under the provisions of 
this act, as fully and completely as the governing body of 
a private insurance carrier might or could do. 

(h) The commission shall have full power and authority, 
and it shall be its duty, to fix and determine the rates to be 
charged by the state compensation insurance fund for com- 
pensation insurance, and to manage and conduct all business 
and affairs in relation thereto, all of which business and 
affairs shall be conducted in the name of the state compensa- 
tion insurance fimd, and in that name, without any other 
name or title, the commission may : 

(1) Sue and be sued in all the courts of the state in all 
actions arising out of any act, deed, matter or thing made, 
omitted, entered into, done, or suffered in connection with 



106 BUREAU OF LABOR STATISTICS. 

the state compensation insurance fund, the administration, 
management or conduct of the business or affairs relating 
thereto. 

(2) Make and enter into contracts of insurance as herein 
provided, and such other contracts or obligations relating 
to the state compensation insurance fund as are authorized 
or permitted under the provisions of this act. 

(3) Invest and reinvest the moneys belonging to said 
fund as hereinafter provided. 

(4) Conduct all business and affairs, relating to the state 
compensation insurance fund, whether herein specifically 
designated or in addition thereto. 

(c) The commission may delegate to the manager of the 
state compensation insurance fund, or to any other officer, 
under such rules and regulations and subject to such condi- 
tions as it may from time to time prescribe, any of the 
powers, functions or duties, conferred or imposed on the com- 
mission under the provisions of this act in connection with 
the state compensation insurance fund, the administration, 
management and conduct of the business and affairs relating 
thereto, and the officer or officers to whom such delegation is 
made may exercise the powers and functions and perform 
the duties delegated with the same force and effect as the com- 
mission, but subject to its approval. 

(d) The commission shall not, nor shall any commissioner, 
officer or employee thereof, be personally liable in his private 
capacity for or on account of any act performed or con- 
tract or other obligation entered into or undertaken in an 
official capacity, in good faith and without intent to defraud, 
in connection with the administration, management or con- 
duct of the state compensation insurance fund, its business 
or other affairs relating thereto. 

Powers Sec. 39. In conducting the business and affairs of the 
ager. an " state compensation insurance fund, the manager of the said 
fund or other officer to whom such power and authority may 
be delegated by the commission, as provided by subsection 
(c) of section thirty-eight hereof, shall have full power and 
authority : 

(1) To enter into contracts of insurance, insuring 
employers against liability for compensation and insuring to 
employees and other persons the compensation fixed by this 
act. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 107 

(2) To sell annuities covering compensation benefits. 

(3) To decline to insure any risk in which the minimum 
requirements of the commission with regard to construction, 
equipment and operation are not observed, or which is beyond 
the safe carrying of the state compensation insurance fund, 
but shall not have power or authority, except as otherwise 
provided in this subdivision, to refuse to insure any compensa- 
tion risk tendered with the premium therefor. 

(4) To reinsure any risk or any part thereof. 

(5) To inspect and audit, or cause to be inspected and 
audited the pay rolls of employers applying for insurance 
against liability for compensation. 

(6) To make rules and regulations for the settlement of 
claims against said fund and to determine to whom and 
through whom the payments of compensation are to be made. 

(7) To contract with physicians, surgeons and hospitals 
for medical and surgical treatment and the care and nursing 
of injured persons entitled to benefits from said fund. 

Sec. 40. (a) It shall be the duty of the commission to Rates 
fix and determine the rates to be charged by the state com- c arge ' 
pensation insurance fund for compensation insurance cover- 
age as herein provided, and such rates shall be fixed with due 
regard to the physical hazards of each industry, occupation or 
employment and, within each class, so far as practicable, in 
accordance with the elements of bodily risk or safety or other 
hazard of the plant or premises or work of each insured and 
the manner in which the same is conducted, together with a 
reasonable regard for the accident experience and history of 
each such insured, and the means and methods of caring for 
injured persons, but such rates shall take no account of the 
extent to which the employees in any particular establishment 
have or have not persons dependent upon them for support. 

(b) The rates so made shall be that percentage of the 
pay roll of any employer which, in the long run and on the 
average, shall produce a sufficient sum, when invested at three 
and one half per cent interest : 

(1) To carry all claims to maturity; that is to say the 
rates shall be based upon the "reserve" and not upon the 
"assessment" plan ; 

(2) To meet the reasonable expenses of conducting the 
business of such insurance ; 



108 BUREAU OF LABOR STATISTICS. 

(3) To produce a reasonable surplus to cover the catas- 
trophe hazard. 
Rates Sec. 41. The insurance contracts entered into between 

orun- the state compensation insurance fund and persons insuring 
limited, therewith may be either limited or unlimited and issued for 
one year or, in the form of stamps or tickets or otherwise, 
for one month or any number of months less than one year, 
or for one day or any number of days less than one month, 
or during the performance of any particular work, job or con- 
tract ; provided, that the rates charged shall be proportion- 
ately greater for a shorter than for a longer period and that 
a minimum premium charge shall be fixed in accordance 
with a reasonable rate for insuring one person for one day. 
Nothing in this act shall be construed to prevent any person 
applying for compensation insurance from being covered tem- 
porarily until the application is finally acted upon, or to 
prevent the insured from surrendering any policy at any time 
and having returned to him the difference between the 
premium paid and the premium at the customary short term 
for the shorter period which such policy has already run. 
The state compensation insurance fund may at any time 
cancel any policy, after due notice, upon a pro rata basis 
of premium repayment. 
Policies. Sec. 42. The state compensation insurance fund may issue 
policies, including with their employees, employers who per- 
form labor incidental to their occupations, and including also 
members of the families of such employers engaged in the 
same occupation, such policies insuring to such employers and 
working members of their families the same compensations 
provided for their employees, and at the same rates, provided, 
that the estimations of their wage values, respectively, shall 
be reasonable and separately stated in and added to the valua- 
tion of their pay rolls upon which their premium is computed. 
Such policies may likewise be sold to self-employing persons 
and to casual employees, who, for the purpose of such insur- 
ance, shall be deemed to be employees within the meaning of 
sections twelve to thirty-five, inclusive, of this act. 

Sec. 43. The treasurer of the state shall be custodian of 
all moneys and securities belonging to the state compensation 
insurance fund, except as otherwise provided in this act, 
and shall be liable on his official bond for the safe-keeping 
thereof. All moneys belonging to said fund collected or 



dian of 
fund. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 109 

received by the commission, or the manager of the state 
compensation insurance fund, under and by virtue of the pro- 
visions of this act, shall be delivered to the treasurer of the 
state or may be deposited to his credit in such bank or banks 
throughout the state as he may, from time to time, designate, 
and such moneys when so delivered or deposited shall be 
credited by the treasurer to the said fund and no moneys 
received or collected on account of such fund shall lie 
expended or paid out of such fund without first passing into 
the state treasury and being drawn therefrom as provided in 
this act. In like manner there shall be delivered to the 
treasurer all securities belonging to said fund which shall 
be held by him until otherwise disposed of as provided in 
this act. 

Sec. 44. (a) The commission shall submit each month Monthly 
to the state board of control an estimate of the amount ^ t ' e 
necessary to meet the current disbursements from the state 
compensation insurance fund during each succeeding calendar 
month and, when such estimate shall be approved by the 
state board of control, the controller is directed to draw his 
warrant on said fund in favor of said commission for such 
amount, and the treasurer is authorized and directed to pay 
the same. 

(b) At the end of each calendar month the commission 
shall account to the state board of control and the state 
controller for all moneys so received, furnishing proper 
vouchers therefor. 

(c) During the months of January and of July of each 
year the state board of control or the commission shall cause 
a valuation to be made of the properties and securities which 
have been acquired and which are held for said fund, and 
shall report the results of the same to the state controller, 
whose duty it shall be to keep a special ledger account 
showing all of the assets pertaining to the state compensa- 
tion insurance fund. In the controller's general ledger this 
fund account may be carried merely as a cash account, like 
other accounts of funds in the state treasury, and therein 
only the actual cash coming into the state compensation 
insurance fund shall be credited to such fund. 

Sec. 45. (a) The commission shall cause all moneys in invest- 
the state compensation insurance fund, in excess of current ofTur- 
requirements, to be invested and reinvested, from time to plus * 



110 BUREAU OF LABOR STATISTICS. 

time, in the securities now or hereafter authorized by law 
for the investment of funds of savings banks. 

(6) The commission shall, from time to time, submit to 
the state board of control an estimate of the amount 
required by it for investment, which estimate shall be accom- 
panied by a full description of the kind and character of the 
investments to be made and, when such estimate shall be 
approved by the state board of control, the controller is 
directed to draw his warrant on the state compensation insur- 
ance fund in favor of the commission for such amount and 
the treasurer is authorized and directed to pay the same. 

(c) At the end of each calendar month the commission 
shall account to the said board of control and the state 
controller for all moneys so received, furnishing proper 
vouchers therefor. 

(d) All moneys in said fund, in excess of current 
requirements and not otherwise invested, may be deposited 
by the state treasurer from time to time in the banks 
authorized by law to receive deposits of public moneys under 
the same rules and regulations that govern the deposit of 
other public funds and the interest accruing thereon shall be 
credited to the state compensation insurance fund. 

County Sec. 46. Each county, city and county, city, school dis- 
insure. trict or other public corporation within the state, may insure 
against its liability for compensation, with the state compen- 
sation insurance fund and not with any other insurance car- 
rier unless such fund shall refuse to accept the risk when 
the appliaction for insurance is made, and the premium 
therefor shall be a proper charge against the general fund 
of each such political subdivision of the state. 
Rates Sec. 47. When the premium rates for insurance in the 

f U1 ? e state compensation insurance fund shall have been established 
nished. the commission shall furnish schedules of rates and copies of 
the forms of policy to the commissioner of labor, to the clerk 
and to the treasurer of every county, city and county, and city 
in the state, and it shall be the duty of every public officer 
to whom the foregoing may be furnished to fill out and trans- 
mit to the manager of the state compensation insurance fund 
applications for compensation insurance in such fund and to 
receive and transmit to said manager all premiums paid on 
account of any policy issued or applied for. 



LABOB LAWS — STATUTES NINETEEN THIBTEEN. Ill 

Sec. 48. The commission shall each quarter make to the Quar- 
governor of the state, reports of the business done by the state report, 
compensation insurance fund during the previous quarter, and 
a statement of the fund's resources and liabilities, and it shall 
be the duty of the state board of control to audit such reports 
and to cause an abstract thereof to be published one or more 
times in at least two newspapers of general circulation in the 
state. The commission shall likewise make to the state insur- 
ance commissioner all reports required by law to be made by 
other insurance carriers. 

Sec. 49. Any employer who shall wilfully misrepresent the Penalty 
amount of the pay roll upon which his premium under this repre-* 
act is to be based shall be liable to the state in ten times the sentmg - 
amount of the difference in premium paid and the amount the 
employer should have paid had his pay roll been correctly 
computed, and the liability to the state under this section 
shall be enforced in a civil action in the name of the state 
compensation insurance fund and any amount so collected 
shall become a part of said fund. 

Sec. 50. Any person who wilfully misrepresents any fact other 
in order to obtain insurance at less than the proper rate forresenta- 
such insurance, or in order to obtain any payments out of tlon * 
such fund, shall be guilty of a misdemeanor. 

Sec. 51. The following terms, as used in sections fifty-one Defini- 
to seventy-two inclusive, of this act, shall, unless a different tl011s " 
meaning is plainly required by the context, be construed as 
follows : 

(1) The phrase "place of employment" shall mean and 
include every place, whether indoors or out or underground, 
or elsewhere, and the premises appurtenant thereto, where, 
either temporarily or permanently, any industry, trade, work 
or business is carried on, or where any process or operation 
directly or indirectly related to any industry, trade, work or 
business, is carried on, and where any person is directly or 
indirectly employed by another for direct or indirect gain or 
profit, but shall not include any place where persons are 
employed solely in farm, dairy, agricultural, viticultural or 
horticultural labor, in stock or poultry raising or in house- 
hold domestic service. 

(2) The term "employment" shall mean and include any 
trade, work, business, occupation or process of manufacture, 
or any method of carrying on such trade, work, business, 



112 BUREAU OP LABOR STATISTICS. 

Defmi- occupation or process of manufacture in which any person 
may be engaged, except where persons are employed solely 
in farm, dairy, agricultural, viticultural or horticultural 
labor, in poultry or stock raising or in household domestic 
services. 

(3) The term "employer" shall mean and include every 
person, firm, voluntary association, corporation, officer, agent, 
manager, representative or other person having control or 
custody of any employment, place of employment or of any 
employee. 

(4) The term "employee" shall mean and include every 
person who may be required or directed by any employer, in 
consideration of direct or indirect gain or profit, to engage in 
any employment, or to go to work or be at any time in any 
place of employment. 

(5) The term "order" shall mean and include any decision, 
rule, regulation, direction, requirement or standard of the 
commission or any other determination arrived at or decision 
made by such commission under the safety provisions of this 
act. 

(6) The term "general order" shall mean and include such 
order made, under the safety provisions of this act, as applies 
generally throughout the state to all persons, employments or 
places of employment, or all persons, employments or places of 
employment of a class under the jurisdiction of the commis- 
sion. All other orders of the commission shall be considered 
special orders. 

(7) The term "local order" shall mean and include any 
ordinance, order, rule or determination of any board of super- 
visors, city council, board of trustees or other governing body 
of any county, city and county, city or of any school district 
or other public corporation, or an order or direction of any 
other public official or board or department upon any matter 
over which the industrial accident commission has jurisdic- 
tion. 

(8) The terms "safe" and "safety" as applied to an em- 
ployment or a place of employment shall mean such freedom 
from danger to the life or safety of employees as the nature 
of the employment will reasonably permit. 

(9) The terms "safety device" and "safeguard" shall be 
given a broad interpretation so as to include any practicable 
method of mitigating or preventing a specific danger. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 113 

Sec. 52. Every employer shall furnish employment which Duty 
shall be safe for the employees therein and shall furnish aj[ ™ r * 
place of employment which shall be safe for employees therein 
and shall furnish and use such safety devices and safeguards, 
and shall adopt and use such practices, means, methods, 
operations and processes as are reasonably adequate to render 
such employment and place of employment safe, and shall do 
every other thing reasonably necessary to protect the life and 
safety of such employees. 

Sec. 53. No employer shall require, permit or suffer anyt; nsa f Q 
employee to go or be in any employment or place of employ- P lace - 
ment which is not safe, and no such employer shall fail to 
furnish, provide and use safety devices and safeguards or fail 
to adopt and use methods and processes reasonably adequate 
to render such employment and place of employment safe, 
and no such employer shall fail or neglect to do every other 
thing reasonably necessary to protect the life and safety of 
such employees, and no such employer shall occupy or main- 
tain any place of employment that is not safe. 

Sec. 54. No employer, owner or lessee of any real prop- Unsafe 
orty in this state shall construct or cause to be constructed ture C 
any place of employment that is not safe. 

Sec. 55. No employee shall remove, displace, damage, de- Remov- 
stroy or carry off any safety device or safeguard furnished ™f ety 
and provided for use in any employment or place of employ- device 
ment, or interfere in any way with the use thereof by any lnbited. 
other person, or interfere with the use of any method or pro- 
cess adopted for the protection of any employee in such em- 
ployment, or place of employment, or fail or neglect to do 
every other thing reasonably necessary to protect the life and 
safety of such employees. 

Sec. 56. The commission is vested with full power and supervi- 
jurisdiction over, and shall have such supervision of, every p^ces! 
employment and place of employment in this state as may be 
necessary adequately to enforce and administer all laws and 
all lawful orders requiring such employment and place of em- 
ployment to be safe, and requiring the protection of the life 
and safety of every employee in such employment or place of 
employment. 

Sec. 57. The commission shall have power, after a hearing p owers 
had upon its own motion or upon complaint, by general or 
special orders, rules or regulations, or otherwise : 

8— LL 



114 BUREAU OF LABOR STATISTICS. 

Powers. (1) To declare and prescribe what safety devices, safe- 
guards or other means or methods of protection are well 
adapted to render the employees of every employment and 
place of employment safe as required by law or lawful order. 

(2) To fix such reasonable standards and to prescribe, 
modify and enforce such reasonable orders for the adoption, 
installation, use, maintenance and operation of safety devices, 
safeguards and other means or methods of protection, to be 
as nearly uniform as possible, as may be necessary to carry 
out all laws and lawful orders relative to the protection of 
the life and safety of employees in employments and places 
of employment. 

(3) To fix and order such reasonable standards for the 
construction, repair and maintenance of places of employment 
as shall render them safe. 

(4) To require the performance of any other act which the 
protection of the life and safety of employees in employments 
and places of employment may demand. 

(5) To declare and prescribe the general form of indus- 
trial accident reports, the accidents to be reported and the 
information to be furnished in connection therewith, and the 
time within which such reports shall be filed. Nothing in 
this act contained shall be construed to prevent the com- 
mission from requiring supplemental accident reports. 

Holding Sec. 58. Upon the fixing of a time and place for the hold- 
eanngs. .^ ^ ^ hearing for the purpose of considering and issuing a 
general safety order or orders as authorized by section fifty- 
seven hereof, the commission shall cause a notice of such 
hearing to be published in one or more daily newspapers of 
general circulation published and circulated in the city and 
county of San Francisco, and also in one or more daily news- 
papers of general circulation published and circulated in the 
county of Los Angeles, such newspapers to be designated by 
the commission for that purpose. No defect or inaccuracy in 
such notice or in the publication thereof shall invalidate any 
general order issued by the commission after hearing had. 
Order g EC 59. Whenever the commission, after a hearing had 

made upon its own motion or upon complaint, shall find that any 
safe ' employment or place of employment is not safe or that the 
practices or means or methods or operations or processes 
employed or used in connection therewith are unsafe, or do 
not afford adequate protection to the life and safety of 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 115 

employees in such employments and places of employment, the 
commission shall make and enter and serve such order rela- 
tive thereto as may be necessary to render such employment 
or place of employment safe and protect the life and safety 
of employees in such employments and places of employment 
and may in said order direct that such additions, repairs, 
improvements or changes be made and such safety devices 
and safeguards be furnished, provided and used, as are reason- 
ably required to render such employment or place of employ- 
ment safe, in the manner and within the time specified in 
said order. 

Sec. 60. The commission may, upon application of any Time 
employer, or other person affected thereby, grant such time 
as may reasonably be necessary for compliance with any 
order, and any person affected by such order may petition the 
commission for an extension of time, which the commission 
shall grant if it finds such an extension of time necessary. 

Sec. 61. Whenever the commission shall learn or have investi- 
reason to believe that any employment or place of employment Unsafe 
is not safe or is injurious to the welfare of any employee it p*»«»- 
may, of its own motion, or upon complaint, summarily inves- 
tigate the same, with or without notice or hearings, and after 
a hearing upon such notice as it may prescribe, the commis- 
sion may enter and serve such order as may be necessary 
relative thereto, anything in this act to the contrary notwith- 
standing. 

Sec. 62. Every employer, employee and other person shall Duty 
obey and comply with each and every requirement of every pioyer, 
order, decision, direction, rule or regulation made or pre- etc 
scribed by the commission in connection with the matters 
herein specified, or in any way relating to or affecting safety 
of employments or places of employment, or to protect the life 
and safety of employees in such employments or places of 
employment, and shall do everything necessary or proper in 
order to secure compliance with and observance of every such 
order, decision, direction, rule or regulation. 

Sec. 63. The orders of the commission, general or special, Review 
its rules or regulations, findings and decisions, made and Se^by 
entered under the safety provisions of this act, may be court - 
reviewed by the courts specified in sections eighty-four and 
eighty-five of this act and within the time and in the manner 
therein specified and not otherwise. 



1.16 BUREAU OF LABOR STATISTICS. 

County Sec. 64. Nothing contained in this act shall be construed 
authori- to deprive the board of supervisors of any county, or city and 
deprived county, the board of trustees of any city, or any other public 
power, corporation or board or department, of any power or jurisdic- 
tion over or relative to any place of employment ; provided, 
that whenever the commission shall, by order, fix a standard 
of safety for employments or places of employment, such 
order shall, upon the filing by the commission of a copy 
thereof with the clerk of the county, city and county, or city 
to which it may apply, establish a minimum requirement con- 
cerning the matters covered by such order and shall be con- 
strued in connection with any local order relative to the same 
matter and to amend or modify any requirement in such local 
order not up to the standard of the order of the commis- 
sion. 
Powers. Sec. 65. The commission shall have further power and 
authority : 

(1) To establish and maintain museums of safety and 
hygiene in which shall be exhibited safety devices, safeguards 
and other means and methods for the protection of the life 
and safety of employees, and to publish and distribute bulle- 
tins on any phase of this general subject. 

(2) To cause lectures to be delivered, illustrated by stere- 
opticon or other views, diagrams or pictures, for the informa- 
tion of employers and their employees and the general public 
in regard to the causes and prevention of industrial accidents, 
occupational diseases and related subjects. 

(3) To appoint advisers who shall, without compensation 
assist the commission in establishing standards of safety and 
the commission may adopt and incorporate in its general 
orders such safety recommendations as it may receive from 
such advisers. 

orders, Sec. 66. Every order of the commission, general or 
as'e'vi- special, its rules and regulations, findings and decisions, 
,lenee - made and entered under the safety provisions of this act shall 
be admissible as evidence in any prosecution for the viola- 
tion of any of the said provisions and shall, in every such 
prosecution, be conclusively presumed to be reasonable and 
lawful and to fix a reasonable and proper standard and 
requirement of safety, unless, prior to the institution of the 
prosecution for such violation or violations, proceedings for 
a rehearing thereon or a review thereof shall have been 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 117 

instituted as provided in sections eighty-one to eighty-five, 
inclusive, of this act and not then finally determined. 

Sec. 67. Every employer, employee or other person who, Penalty 
either individually or acting as an officer, agent or employee com piy- 
of a corporation or other person, violates any safety provision ing - 
contained in sections fifty-two, fifty- three, fifty-four or fifty- 
five of this act, or any part of any such provision, or who 
shall fail or refuse to comply with any such provision or any 
part thereof, or who, directly or indirectly, knowingly induces 
another so to do is guilty of a misdemeanor. In any prose- 
cution under this section it shall be deemed prima facie evi- 
dence of a violation of any such safety provision, that the 
accused has failed or refused to comply with any order, rule, 
regulation or requirement of the commission relative thereto 
and the burden of proof shall thereupon rest • upon the 
accused to show that he has complied with such safety 
provision. 

Sec. 68. Every violation of the provisions contained in separate 
sections fifty-two, fifty-three, fifty-four, or fifty-five, of this offenses - 
act, or any part or portion thereof, by any person or cor- 
poration is a separate and distinct offense, and, in the case 
of a continuing violation thereof, each day's continuance 
thereof shall constitute a separate and distinct offense. 

Sec. 69. All fines imposed and collected under prosecu- Fines 
tions for violations of the provisions of sections fifty-one to paid " 
seventy-two inclusive of this act, shall be paid into the state 
treasury to the credit of the "accident prevention fund," 
which fund is hereby created. 

Sec. 70. It shall be unlawful for any member of the confl- 
commission. or for any officer or employee of the commission, f^^f 1 
to divulge to any person not connected with the administra- mation - 
tion of this act any confidential information obtained from 
any person, concerning the failure of any other person to 
keep any place of employment safe, or concerning the viola- 
tion of any order, rule or regulation issued by the commis- 
sion. Any member of the commission or any officer or 
employee of the commission divulging such confidential 
information shall be guilty of a misdemeanor. 

Sec. 71. (a) Every employer of labor, and every insur-Em- 
auce carrier, is hereby required to file with the commission, reports S 
under such rules and regulations as the commission may 
from time to time make, a full and complete report of every 



118 BUREAU OF LABOR STATISTICS. 

accident to an employee arising out of or in the course of 
his employment and resulting in loss of life or injury to such 
person. Such reports shall be furnished to the commission 
in such form and such detail as the commission shall from 
time to time prescribe, and shall make specific answers to all 
questions required by the commission under its rules and 
regulations. Any such employer or insurance carrier who 
shall furnish such report shall be exempt from furnishing 
any similar report or reports authorized or required under 
the laws of this state. 

(b) Every employer or insurance carrier receiving from 
the commission any blanks with directions to fill out the same 
shall cause the same to be properly filled out so as to answer 
fully and correctly each question propounded therein ; in 
case he is unable to answer any such questions a good and 
sufficient reason shall be given for such failure. 

(c) No information furnished to the commission by an 
employer or an insurance carrier shall be open to public 
inspection or made public except on order of the commission, 
or by the commission or a commissioner in the course of a 
hearing or proceeding. Any officer or employee of the com- 
mission who, in violation of the provisions of this subsection, 
divulges any information shall be guilty of a misdemeanor. 

To Sec. 72. (a) The commission shall investigate the cause 

gaIe Stl °f a H industrial accidents occurring within the state in any 
indus- employment or place of employment, or directly or indirectly 
acci- arising from or connected with the maintenance or operation 
of such employment or place of employment, resulting in 
personal injury or death and requiring, in the judgment of 
the commission, such investigation ; and the commission shall 
have the power to make such orders or recommendations with 
respect to such accidents' as may be just and reasonable, 
provided that neither the order nor the recommendation of 
the commission, nor any accident report filed with the com- 
mission, shall be admitted as evidence in any action for 
damages or any proceeding to recover compensation, based 
on or arisiog out of such injury or death. 

(b) For the purpose of making any investigation which 
the commission is authorized to make under the provisions of 
this section, or for the purpose of collecting statistics or 
examining the provisions made for the safety of employees, 
any member of the commission, inspector or other person 






LABOR LAWS — STATUTES NINETEEN THIRTEEN. 119 

designated by the commission for that purpose, may enter any 
place of emplo3 T ment. 

(c) Any employer, insurance carrier or any other person 
who shall violate or omit to comply with any of the provi- 
sions of this section, or who shall in any way obstruct or 
hamper the commission, any commissioner or other person 
conducting any investigation authorized to be undertaken or 
made by the commission, shall be guilty of a misdemeanor. 

Sec. 73. (a) All proceedings for the recovery of compen- Proceed- 
sation, or concerning any right or liability arising out of before 
or incidental thereto, or for the enforcement against the aion. 
employer or an insurance carrier of any liability for com- 
pensation imposed upon him by this act in favor of the 
injured employee, his dependents or any third person, or for 
the determination of any question as to the distribution of 
compensation among dependents or other persons or for the 
determination of any question as to who are dependents of 
any deceased employee, or what persons are entitled to any 
benefit under the compensation provisions of this act, or 
for obtaining any order which by this act the commission 
is authorized to make, shall be instituted before the com- 
mission, and not elsewhere, except as otherwise in this act 
provided, and the commission is hereby vested with full 
power, authority and jurisdiction to try and finally deter- 
mine all such matters, subject only to the review by the 
courts in this act specified and in the manner and within 
the time in this act provided. 

(b) All orders, rules and regulations, findings, decisions 
and awards of the commission in conformity with law shall 
be in force and shall be prima facie lawful ; and all such 
orders, rules and regulations, findings, decisions and awards 
shall be conclusively presumed to be reasonable and lawful, 
until and unless they are modified or set aside by the com- 
mission or upon a review by the courts in this act specified 
and within the time and in the manner herein specified. 

Sec. 74. (a) Any notice, order or decision required by Service 
this act to be served upon any person or party either before, Sotice. 
during or after the institution of any proceeding before the 
commission, may be served in the manner provided by 
chapter V, title XIV of part II of the Code of Civil Pro- 
cedure of this state, unless otherwise directed by the com- 
mission or a member thereof, in which event the same shall 



etc. 



120 BUREAU OF LABOR STATISTICS. 

be served in accordance with the order or direction of said 
commission or member thereof. 

(&) The secretary, assistant secretary and the inspectors 
appointed by the commission shall have all of the powers 
conferred by law upon peace officers to carry weapons, make 
arrests and serve warrants and other process in any county 
or city and county of this state. 

(c) Any such notice, order or decision affecting the state 
or any city and county, city, school district or public cor- 
poration therein, shall be served upon the same officer, 
officers, person or persons, upon whom the service of similar 
notices, orders or decisions is authorized by law. 

Rules Sec. 75. The commission shall have full power and 

practice, authority : 

(1) To adopt reasonable and proper rules of practice and 
procedure ; 

(2) To regulate and provide the manner, and by whom, 
minors and incompetent persons shall appear and be repre- 
sented before it ; 

(3) To appoint a trustee or guardian ad litem to appear 
for and represent any such minor or incompetent upon such 
terms and conditions as it may deem proper ; and such 
guardian or trustee must give a bond in the same form and 
of the same character required by law from a guardian 
appointed by the courts and in such an amount as the 
commission or a commissioner may fix and determine, such 
bond to be approved by the commission or a commissioner, 
and such guardian or trustee shall not be discharged from 
liability until he shall have filed an account with the com- 
mission or with the probate court and such account shall 
have been approved. The trustee or guardian shall be 
entitled to receive such compensation for his services as 
shall be fixed and allowed by the commission or by the 
probate court ; 

(4) To provide for the joinder in the same proceeding of 
all persons interested therein, whether as employer, insurance 
carrier, employee, dependent, creditor or otherwise ; 

(5) To regulate and prescribe the kind and character of 
notices, where not otherwise prescribed by this act, and the 
service thereof; 

(6) To regulate and prescribe the nature and extent of the 
proofs and evidence. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 121 

Sec. 76. (a) The commission may by order entered upon Refer- 
its minutes, upon the agreement of the parties, upon the cases° 
application of either, or of its own motion, and either with 
or without notice, direct and order a reference in the follow- 
ing cases : 

(1) To try any or all of the issues in any proceeding 
before it, whether of fact or of law, and to report a finding, 
order, decision or award to be based thereon. 

(2) To ascertain a fact necessary to enable the commission 
to determine any proceeding before it or to make any order, 
decision or award that the commission is authorized to make 
under this act, or that is necessary for the information of the 
commission. 

(5) The commission may appoint one or more referees in 
any proceeding, as it may deem necessary or advisable, and 
may refer separate matters arising out of the same proceed- 
ing to different referees. It may also, in its discretion, 
appoint general referees who are residents of the county or 
city and county for which they are appointed and who shall 
hold office during the pleasure of the commission. Any 
referee appointed by the commission shall have such powers, 
jurisdiction and authority as is granted under the law. by 
the order of appointment and by the rules of the commission 
and shall receive such salary or compensation for his services 
as may be fixed by the commission. 

(c) Any party to the proceeding may object to the appoint- 
ment of any person as referee upon any one or more of the 
grounds specified in section G41 of the Code of Civil Pro- 
cedure and such objection must be heard and disposed of by 
the commission. Affidavits may be read and witnesses exam- 
ined as to such objections. 

(d) Before entering upon his duties, the referee must be 
sworn before an officer authorized to administer oaths, faith- 
fully and fairly to hear and determine the allegations and 
evidence of the parties in relation to the matters in the 
reference, and to make just findings and report according to 
his understanding. 

(e) The referee must report his findings in writing to the 
commission within twenty days after the testimony is closed. 
Such report shall be made in the form prescribed by the 
commission and shall include all matters required to be 
included in the order of reference or by the rules of the 



122 BUREAU OF LABOR STATISTICS. 

commission. The facts found and conclusions of law must 
be separately stated. 

(/) Upon the filing of the report of the referee, the com- 
mission may confirm, adopt, modify or set aside the same or 
any part thereof and may, either with or without further 
proceedings, and either with or without notice, enter its 
order, findings, decision or award based in whole or in part 
upon the report of the referee. 
Rules Sec. 77. (a) All hearings and investigations before the 

cedure. commission or any member thereof, or any referee appointed 
thereby, shall be governed by this act and by the rules of 
practice and procedure adopted by the commission, and in 
the conduct thereof neither the commission nor any member 
thereof nor any referee appointed thereby shall be bound by 
the technical rules of evidence. No informality in any pro- 
ceeding or in the manner of taking testimony shall invalidate 
any order, decision, award, rule or regulation made, approved 
or confirmed by the commission. 

(5) The commission or any member thereof or any party 
to the action or proceeding may, in any investigation or 
hearing before the commission, cause the deposition of wit- 
nesses residing within or without the state to be taken in 
the manner prescribed by law for like depositions in civil 
actions in the superior courts of this state, and to that end 
may compel the attendance of witnesses and the production 
of books, documents, papers and accounts. 
Power Sec. 78. The commission and each member thereof, its 
minister secretary and referees, shall have power to administer oaths, 
oaths, certify to all official acts, and to issue subpoenas for the 
attendance of witnesses and the production of papers, books, 
accounts, documents and testimony in any inquiry, investi- 
gation, hearing or proceeding in any part of the state. Each 
witness who shall appear, by order of the commission or a 
member thereof, or a referee appointed thereby, shall be 
entitled to receive, if demanded, for his attendance the same 
fees and mileage allowed by law to a witness in civil cases, 
which amount shall be paid by the party at whose request 
such witness is subpoenaed, unless otherwise ordered by the 
commission. When any witness who has not been required 
to attend at the request of any party is subpoenaed by the 
commission his fees and mileage may be paid from the funds 
appropriated for the use of the commission in the same 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 123 

manner as other expenses of the commission are paid. Any 
witness subpoenaed, except one whose fees and mileage may 
be paid from the funds of the commission, may, at the time 
of service, demand the fee to which he is entitled for travel 
to and from the place at which he is required to appear, and 
one day's attendance. If such witness demands such fees 
at the time of service, and they are not at that time paid or 
tendered, he shall not be required to attend before the com- 
mission, member thereof, or referee as directed in the sub- 
poena. All fees or mileage to which any witness is entitled 
under the provisions of this section may be collected by 
action therefore instituted by the person to whom such fees 
are payable. 

Sec. 79. The superior court in and for the county, or cityAttend- 
and county, in which any inquiry, investigation, hearing or of wit- 
proceeding may be held by the commission or any member nesses 
thereof or referee appointed thereby, shall have the power to 
compel the attendance of witnesses, the giving of testimony 
and the production of papers, including books, accounts and 
documents, as required by any subpoena issued by the com- 
mission or member thereof or referee. The commission or 
the member thereof or the referee, before whom the testimony 
is to be given or produced, in case of the refusal of any 
witness to attend or testify or produce any papers required 
by such subpoena, may report to the superior court in and 
for the county, or city and county, in which the proceeding 
is pending, by petition, setting forth that due notice has been 
given of the time and place of attendance of said witness, or 
the production of said papers, and that the witness has been 
subpoenaed in the manner prescribed in this act, and that the 
witness has failed and refused to attend or produce the 
papers required by the subpoena, or has refused to answer 
questions propounded to him in the course of such proceeding, 
and ask an order of said court, compelling the witness to 
attend and testify or produce said papers before the commis- 
sion. The court, upon the petition of the commission or such 
member thereof or referee, shall enter an order directing the 
witness to appear before the court at a time and place to 
be fixed by the court in such order, the time to be not more 
than ten days from the date of the order, and then and 
there show cause why he had not attended and testified or 
produced said papers before the commission, member thereof 



124 



BUREAU OF LABOR STATISTICS. 



Power 
to do 
all nec- 
essary 
things. 



Applica- 
tion for 
rehear- 
ing. 



or referee. A copy of said order shall be served upon said 
witness. If it shall appear to the court that said subpoena 
was regularly issued by the commission or member thereof or 
referee, the court shall thereupon enter an order that said 
witness appear before the commission or member thereof or 
referee at a time and place to be fixed Jn such order, and 
testify or produce the required papers, and upon failure to 
obey said order, said witness shall be dealt with as for 
contempt of court. The remedy provided in this section is 
cumulative, and shall not oe construed to impair or interfere 
with the power of the commission or a member thereof to 
enforce the attendance of witnesses and the production of 
papers, and to punish for contempt in the same manner and 
to the same extent as courts of record. 

Sec. 80. (a) The commission is hereby vested with full 
power, authority and jurisdiction to do and perform any and 
all things, whether herein specifically designated, or in addi- 
tion thereto, which are necessary or convenient in the exercise 
of any power, authority or jurisdiction conferred upon it 
under this act. 

(b) The commission and each member thereof shall have 
power to issue writs of summons, warrants of attachment, 
warrants of commitment and all necessary process in proceed- 
ings for contempt, in like manner and to the same extent as 
courts of record. The process issued by the commission or 
any member thereof shall extend to all parts of the state and 
may be served by any persons authorized to serve process of 
courts of record, or by any person designated for that purpose 
by the commission or any member thereof. The person 
executing any such process shall receive such compensation 
as may be allowed by the commission, not to exceed the fees 
now prescribed by law for similar services, and such fees 
shall be paid in the same manner as provided herein for the 
fees of witnesses. 

Sec. 81. (a) Any party or person aggrieved directly or 
indirectly by any final order, decision, award, rule or regula- 
tion of the commission, made or entered under any provision 
contained in this act, may apply to the commission for a • 
rehearing in respect to any matters determined or covered by 
such final order, decision, award, rule or regulation and 
specified in the application for rehearing within the time and 
in the manner hereinafter specified, and not otherwise. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 125 

(b ) No cause of action arising out of any such final order, Appiica- 
decision or award shall accrue in auy court to any person fj£ n re _ 
until and unless such person shall have made application for hea rfn s- 
such rehearing, and such application shall have been granted 
or denied ; provided, that nothing herein contained shall be 
construed to prevent the enforcement of any such final order, 
decision, award, rule or regulation in the manner provided in 
this act. 

(c) Such application shall set forth specifically and in full 
detail the grounds upon which the applicant considers said 
final order, decision, award, rule or regulation is unjust or 
unlawful, and every issue to be considered by the commission. 
Such application must be verified upon oath in the same 
manner as required for verified pleadings in the courts of 
record and must contain a general statement of any evidence 
or other matters upon which the applicant relies in support 
thereof. The applicant for such rehearing shall be deemed to 
have finally waived all objections, irregularities and illegali- 
ties concerning the matter upon which such rehearing is 
sought other than those set forth in the application for such 
rehearing. 

(d) A copy of such application for rehearing shall be 
served forthwith on all adverse parties, if any, and any such 
adverse party may file an answer thereto within ten days 
thereafter. Such answer must likewise be verified. If there 
are no adverse parties, such application may be heard 
ex parte or the commission may require the application for 
rehearing to be served on such parties as may be designated 
by it. 

(e) Upon filing of an application for rehearing, if the 
issues raised thereby have theretofore been adequately con- 
sidered by the commission, it may determine the same by 
confirming without hearing its previous determination, or if 
a rehearing is necessary to determine the issues raised, the 
commission shall order a rehearing thereon and consider and 
determine the matter or matters raised by such application. 
Notice of the time and place of such rehearing shall be given 
to the applicant and the adverse parties, if any, and to such 
other persons as the commission may order. 

(f) If after such rehearing and a consideration of all the 
facts, including those arising since the making of the order, 
decision or award involved, the commission shall be of the 



126 BUREAU OF LABOR STATISTICS. 

opinion that the original order, decision or award or any part 
thereof, is in any respect unjust or unwarranted, or should be 
changed, the commission may abrogate, change or modify the 
same. An order, decision or award made after such rehear- 
ing, abrogating, changing or modifying the original order, 
decision or award shall have the same force and effect as an 
original order, decision or award, but shall not affect any 
right or the enforcement of any right arising from or by 
virtue of the original order, decision or award, unless so 
ordered by the commission. An application for a rehearing 
shall be deemed to have been denied by the commission unless 
it shall have been acted upon within thirty days from the 
date of filing ; provided, however, that the commission may 
upon good cause being shown therefor, extend the time within 
which it may act upon such application for rehearing for not 
exceeding thirty days. 
Time Sec. 82. (a) At any time within twenty days after the 

grounds service of any final order or decision of the commission award- 
hearing m g or denying compensation, or arising out of or incidental 
thereto, any party or parties aggrieved thereby may apply for 
such rehearing upon one or more of the following grounds and 
upon no other grounds : 

(1) That the commission acted without or in excess of its 
powers. 

(2) That the order, decision or award was procured by 
fraud. 

(3) That the evidence does not justify the finding of fact. 

(4) That the applicant has discovered new evidence, mate- 
rial to him, and which he could not, with reasonable diligence 
have discovered and produced at the hearing. 

(5) That the findings of fact do not support the order, 
decision or award. 

(b) Nothing contained in this section shall, however, be 
construed to limit the right of the commission, at any time 
within two hundred forty-five weeks from the date of its 
award, and from time to time, after due notice and upon the 
application of any party interested, to review, diminish or 
increase, within the limits provided by this act, any com- 
pensation awarded upon the grounds that the disability of 
the person in whose favor such award was made has either 
increased or diminished or terminated. 



on 

award. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 127 

Sec. S3, (a) At any time within twenty days after the Final 
service of any other final order, decision, rule or regulation decision. 
made by the commission under the provisions of this act, any etc - 
party or parties, person or persons aggrieved thereby or 
otherwise affected, directly or indirectly, may apply for such 
rehearing upon one or more of the following grounds and 
upon no other grounds : 

(1) That the commission acted without or in excess of its 
powers. 

(2) That the order or decision was procured by fraud. 

(3) That the order, decision, rule or regulation is unrea- 
sonable. 

( b ) Nothing contained in this section shall be construed to 
limit the right of the commission, at any time and from time 
to time, to adopt new or different rules or regulations or new 
or different standards of safety, or to abrogate, change or 
modify any existing rule, regulation, or standard, or any part 
thereof, or to deprive the commission of continuing jurisdic- 
tion over the same or to prevent the enforcement in the 
manner provided by this act, of any rules, regulations or 
standard of the commission, or any part thereof, when so 
adopted, or changed, or modified. 

Sec. 84. (a) Within thirty days after the application for Appeal. 
a rehearing is denied, or, if the application is granted, within 
thirty days after the rendition of the decision on the rehear- 
ing, any party affected thereby may apply to the supreme 
court of this state or to the district court of appeal of the 
appellate district in which such person resides, for a writ of 
certiorari or review (hereinafter referred to as a writ of 
review) for the purpose of having the lawfulness of the 
original order, decision or award or the order, decision or 
award on rehearing inquired into and determined. 

(b) Such writ shall be made returnable not later than 
thirty days after the date of the issuance thereof, and shall 
direct the commission to certify its record in the case to the 
court. On the return day the cause shall be heard in the 
court unless for good cause the same be continued. No new 
or additional evidence may be introduced in such court but 
the cause shall be heard on the record to the commission as 



128 BUREAU OF LABOR STATISTICS. 

certified to by it. The review shall not be extended further 
than to determine whether or not : 

(1) The commission acted without or in excess of its 
powers. 

(2) The order, decision or award was procured by fraud. 

(3) The order, decision, rule or regulation is unreasonable. 

(4) If findings of fact are made, whether or not such 
findings of fact support the order, decision or award under 
review. 

(c) The findings and conclusions of the commission on 
questions of fact shall be conclusive and final and shall not 
be subject to review ; such questions of fact shall include 
ultimate facts and the findings and conclusions of the com- 
mission. The commission and each party to the action or 
proceeding before the commission shall have the right to 
appear in the review proceeding. Upon the hearing the court 
shall enter judgment either affirming, modifying or setting 
aside the order, decision or award. 

(cl) The provisions of the Code of Civil Procedure of this 
state relating to writs of review shall, so far' as applicable 
and not in conflict with this act, apply to proceedings in the 
courts under the provisions of this section. No court of this 
state (except the supreme court and the district courts of 
appeal to the extent herein specified) shall have jurisdiction 
to review, reverse, correct or annul any order, decision or 
award of the commission or to suspend or delay the operation 
or execution thereof, or to restrain, enjoin or interfere with 
the commission in the performance of its duties ; provided, 
that a writ of mandamus shall lie from the supreme court or 
the district courts of appeal in all proper cases. 
suspen- Sec. 85. (a) The filing of an application for a rehearing 
shall have the effect of suspending the order, decision, award, 
rule or regulation affected, in so far as the same applies to 
the parties to such application, unless otherwise ordered by 
the commission, for a period of ten days, and the commission 
may, in its discretion and upon such terms and conditions as 
it may by order direct, stay, suspend or postpone the same 
during the pendency of such rehearing. 

(b) The filing of an application for, or the pendency of, a 
writ of review, shall not of itself stay or suspend the opera- 
tion of the order, decision, award, rule or regulation of the 
commission subject to review, but the court before which 



sion of 
order 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 120 

such application is filed may, in its discretion, stay or suspend 
in whole or in part the operation of the order, decision, 
award, rule or regulation of the commission subject to review 
upon such terms and conditions as it may by order direct. 

Sec. 86. (a) Whenever this act, or any part or section Act 
thereof, is interpreted by a court, it shall be liberally con- con- r 
strued by such court. 

(b) If any section, subsection, subdivision, sentence, clause 
or phrase of this act is for any reason held to be unconsti- 
tutional, such decision shall not affect the validity of the 
remaining portions of this act. The legislature hereby 
declares that it would have passed this act, and each section, 
subsection, subdivision, sentence, clause and phrase thereof, 
irrespective of the fact that any one or more sections, subsec- 
tions, subdivisions, sentences, clauses or phrases is declared 
unconstitutional. 

(c) This act shall not be construed to apply to employers 
or employments which, according to law, are so engaged in 
interstate commerce as not to be subject to the legislative 
power of the state or to employees injured while they are so 
engaged, except in so far as this act may be permitted to 
apply under the provisions of the constitution of the United 
States or the acts of congress. 

Sec. 87. (a) Any employer, having in his employment any i 
employee not included within the term "employee" as defined mSe?* 
by section fourteen of this act or not entitled to compensation tct 
under this act, and any such employee, may, by their joint 
election, elect to come under the compensation provisions of 
this act in the manner hereinafter provided. 

(ft) Such election on the part of the employer shall be 
made by filing with the commission a written statement to 
the effect that he accepts the compensation provisions of this 
act, which, when filed, shall operate, within the meaning of 
section twelve of this act, to subject him to the compensation 
provisions of this act, and of all acts amendatory thereof, for 
the term of one year from the date of filing, and thereafter 
without further act on his part, for successive terms of one 
year each, unless such employer shall, at least sixty days 
prior to the expiration of such first or any succeeding year, 
file in the office of the commission a notice in writing that 
he withdraws his election. Such acceptance shall not be 
held to include employees whose employment is both casual 

9— LL 



130 BUREAU OF LABOR STATISTICS. 

and not in the usual course of the trade, business, profession 
or occupation of the employer, unless expressly mentioned 
therein. 

(c) Any employee in the service of any such employer, 
shall be deemed to have accepted, and shall, within the 
meaning of section twelve of this act, be subject to the 
compensation provisions of this act, and of any act amenda- 
tory thereof, if, at the time of the accident for which liability 
is claimed : 

(1) The employer charged with such liability is subject to 
the compensation provisions of this act, whether the employee 
has actual notice thereof or not ; and 

(2) Such employee shall not, at the time of entering into 
his contract of hire, have given to his employer notice in 
writing that he elects not to be a subject to the compensation 
provisions of this act ; or, in the event that such contract of 
hire was made in advance of the election by the employer, 
such employee shall have given to his employer notice in 
writing that he elects to be subject to such provisions, or 
without giving either of such notices, shall have remained in 
the service of such employer for thirty days after the 
employer has filed his election. 

Annual Sec. 88. The commission shall, not later than the first 
day of December of each calendar year, subsequent to the 
year 1913, make a report to the governor of the state covering 
its entire operations and proceedings for the previous fiscal 
year, with such suggestions or recommendations as it may 
deem of value for public information. Such report shall be 
printed and a copy thereof furnished to all applicants within 
this state. 
Appro- Sec. 89. The sum of one hundred eighty-seven thousand 
priation. f our hundred seventy dollars is hereby appropriated out of 
any money in the state treasury, not otherwise appropriated, 
to be used by the industrial accident commission in carrying 
out the purposes of this act, and the controller is hereby 
directed to draw his warrant on the general fund from time 
to time in favor of said industrial accident commission for 
the amounts expended under its direction, and the treasurer 
is hereby authorized and directed to pay the same. 

Sec. 90. All acts or parts of acts inconsistent with this 
act are hereby repealed. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 131 

Sec. 91. The compensation provisions of this act shall not prior 
apply to any injury sustained prior to the taking effect in3 
thereof. 

Sec. 92. This act shall take effect and be in force on and in 
after the first day of January, A. D. 1914. 



CHAPTER 177. 

Mutual compensation insurance. 

An act providing for the organization and management of 
mutual workmen's compensation insurance companies and 
defining the same and regulating the transaction of the 
business of mutual workmen's compensation insurance in 
the State of California. 

[Approved May 26, 1913.] 
The people of the State of California do enact as follows: 

Section 1. The term "compensation" as used in this act Terms 
shall mean and include any liability imposed upon any or all 
employers of labor to compensate their employees and the 
dependents of such employees for any injury sustained by the 
said employees by accident arising out of and in the course 
of their employment irrespective of the fault of either party. 
The term "employer" as used in this act shall be construed 
to mean : Every person, firm, voluntary association and 
private corporation, (including any public service corpora- 
tion) who has any person in service under any appointment 
or contract of hire or apprenticeship, express or implied, oral 
or written, and the legal representatives of any deceased 
employer. The term "employee" as used in this act shall be 
construed to mean : Every person in the service of an 
employer as defined by this act under any appointment or 
contract of hire or apprenticeship, express or implied, oral 
or written, including aliens and also including minors. 

Sec. 2. (a) Mutual associations of any number of employ- Conipen- 
ers, not less than five, may, subject to the approval of the associa- 
insurance commissioner, be formed by incorporating under tl0us " 
the laws of this state, for the purpose of insuring their mem- 
bers against liability for compensation and insuring to the 
employees of such members the payment of such compensa- 
tion. 



132 BUREAU OF LABOR STATISTICS. 

(b) It shall be within the power of the insurance com- 
missioner to limit the membership of any such mutual 
association to those employers engaged in the same general 
character of industry or to employers within a limited part 
of the state, whenever in his judgment such limitation shall 
be required for the protection of the members of such asso- 
ciation or persons insured. 
Articles Sec. 3. Before the articles of incorporation shall be filed, 
corpora- a copy thereof shall be submitted for the approval of the 
tion. insurance commissioner. Such articles shall set forth : 

First — The names of the employers entering into such 
association, their places of residence, the nature of the 
business in which they are engaged and the number of persons 
employed by each. 

Second — The name by which such association shall be 
known, which name shall include the word "mutual," and, 
if the liability of members is limited, the words "limited 
mutual." 

Third — The period for which such association is incor- 
porated, which shall not exceed fifty years. 

Fourth — The number of directors, which shall not be less 
than five (5) nor more than eleven (11), and the names and 
residences of the directors for the first year. 

Fifth — The location of the principal place of business, 
which shall be in this state. 

Such articles must be executed, acknowledged, and filed as 
provided by law for the formation of other corporations. 
By-laws. Sec. 4. The members of any company organized under 
this act shall have power to make such by-laws, not incon- 
sistent with the constitution and laws of this state, as may 
be deemed necessary for the government of its officers and 
members, for the admission of new members, for the assess- 
ment and collection of premiums and assessments and in 
general for the proper conduct of its affairs. Such by-laws 
shall not be effective until a copy thereof has been filed with 
the insurance commissioner and approved by him. 
Em- Sec. 5. Every employer accepting a policy in any com- 

nabiiity. Pauy organized under this act shall thereby become a mem- 
ber of such company and shall become liable for his propor- 
tionate share of losses and operating expenses as hereinafter 
provided. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 133 

Sec. 6. No policy shall be issued by any company organ- when 
ized under this act until subscriptions for insurance have may C be 
been received from at least one hundred employers having lssued - 
an annual pay roll of at least $500,000.00 or having in their 
employment at least one thousand employees, nor until an 
amount in cash shall be in hand over and above all liabilities 
other than the unearned premium reserve of not less than 
fifteen thousand dollars and in any event not less than one 
full annual premium upon each risk. If at any time the 
number of employers insured shall fall below one hundred 
or if the annual pay roll of said employers shall fall below 
$500,000.00 and the number of their said employees shall fall 
below one thousand then no further policies shall be issued 
until subscriptions have been received sufficient to comply 
with the requirements of this section. 

Sec. 7. No single risk shall be insured by any company Pre . 
organized under this act upon which the premium charged is miums - 
more than two per cent of the premiums charged upon all the 
policies that the company has in force. 

Sec. 8. After a compensation insurance rate shall have Estab- 
been established by the state workmen's compensation insur- ^^ d 
ance rating bureau no mutual company organized under this 
act shall charge a lesser rate upon any risk than the gross 
bureau rates applicable thereto. 

Sec. 9. Every company organized under this act shall in Members' 
its by-laws and policies fix the contingent mutual liability of ^ blllty 
its members for the payment of losses in excess of its i* s c s ess 
available cash funds ; but such contingent liability shall not 
be less than an amount equal to one annual premium in 
addition to the annual premium charged. 

Sec. 10. Every company organized under this act shall be compa- 
subject to all the general provisions of the law relative to Object 
other insurance companies and also to the general provisions t0 law - 
of law applicable to all other corporations in so far as such 
provisions are not inconsistent or in conflict with the provi- 
sions of this act. 

Sec. 11. If any company organized under this act is not Assess- 
possessed of cash funds above its unearned premium reserve ™ e pay 
and claims reserve and other liabilities sufficient for the pay- losses - 
ment of incurred losses and expenses it shall make an assess- 
ment for the amount needed to pay such losses and expenses 
upon its members liable to assessment therefor in proportion 



134 BUREAU OF LABOR STATISTICS. 

to their several liabilities. The company shall cause to be 
recorded in a book kept for that purpose the order for such 
assessment and the amount of the assessment called for. 
together with a statement setting forth the condition of the 
company at the date of the order, the amount of its cash 
assets and contingent funds. Such record shall be made and 
signed by the directors or other persons who voted for the 
order and approved by the insurance commissioner before 
any part of the assessment is collected and any person liable 
to assessment may inspect and take a copy of the same. 
surplus Sec. 12. The directors of every such mutual company shall 
fund. eac j 1 year set as j(j e as a sur pi us an amount equal to at least 
twenty-five per cent of all available profits until such surplus 
shall be an amount not less than the amount of all premiums 
charged upon all insurance in force after deducting there- 
from the amount of premiums charged for any risks which 
have been reinsured in other insurance carriers. After 
setting aside the amount of profits required to be set aside 
by this section as a surplus fund, the directors of every such 
mutual association, at such times as their by-laws provide, 
must make, declare and pay to their members dividends of so 
much of the additional available profits accrued from the 
business of the association and interest on moneys invested as 
to them appears advisable ; provided, however, that no such 
dividend shall be declared or paid unless there is then on 
hand a surplus of not less than $15,000 and equal to at least 
twenty-five per cent of all premiums charged upon all insur- 
ance in force after deducting therefrom the amount of 
premiums charged for any risks which may have been rein- 
sured in other insurance carriers. 
Ap _ Sec. 13. No assessment shall be levied and no dividend 

provai. shall be declared until such assessment or such dividend has 

been approved by the insurance commissioner. 
invest- Sec. 14. The funds of any company organized under this 
act shall be invested in the manner allowed for the invest- 
ment of the funds of other insurance companies. 

Sec. 15. The expenses for any calendar year of any com- 
pany organized under this act, including commissions and 
fees to agents and officers, but not including expenses incurred 
for the prevention of injuries, shall be limited to thirty per 
cent of the gross premiums actually received during that 
year. A violation of this provision shall render the officers 



merit. 



Limita- 
tion of 
expenses. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 135 

and directors and all persons having similar powers jointly 
and severally liable to such company for any amount used 
for expenses in excess of the amount provided for in this 
section. In the event that such company fails or refuses to 
recover such moneys so paid the insurance commissioner may 
sue for and recover the same from any one or all of the 
officers or directors and all persons having similar powers 
of such company for the benefit of its members. No officer 
or other person, whose duty it is to determine the character 
of the risks, and to decide what applications shall be accepted 
and what applications shall be rejected by such company, 
shall receive as any part of his compensation a commission 
upon the premiums, but his compensation shall be a fixed 
salary and such share of the net profits as the directors or 
trustees may determine. 

Sec. 16. Whenever the liabilities of any company organ- when 
ized under this act for losses reported, expenses, taxes, "en?" 
unearned premium reserve and claims reserve are greater 
than its admitted cash assets then such company is insolvent. 

Sec. 17. Every company organized under this act shall Annual 
file with the insurance commissioner on or before the first day ment. 
of March of each year, its financial statment exhibiting its 
condition on the thirty-first day of December next preceding. 
Such statement shall be made as provided for in the blanks 
furnished by the insurance department. 

Sec. 18. The directors of any company organized under Rules, 
this act shall make and enforce reasonable rules and regula- 
tions for the prevention of injuries on the premises of mem- 
bers and for this purpose the inspectors of the company shall 
have free access to all such premises during the regular 
working hours. Any employer or employee aggrieved by any 
such rule or regulation may petition the industrial accident 
commission for a review, and it may affirm, amend or annul 
the rule or regulation. 

Sec. 19. Auditors, inspectors and other agents of the Wages 
company shall have free access to the wages accounts and 
pay rolls of members for the purpose of verifying pay rolls. 

Sec. 20. Any member of any company organized under Xotice 
this act may withdraw at any time by giving thirty days ° f ith _ 
written notice of his intention to withdraw and surrendering drawaL 
his policy: provided, however, that he shall discharge all his 
obligations to the company at the time of his withdrawal. 



136 BUREAU OF LABOR STATISTICS. 

The termination of such insurance shall not act to release 
the member withdrawing from liability for the payment of 
his assigned share of all assessments then or thereafter made 
to make up deficiencies due to accidents happening while he 
was insured in such company. The premium for such sur- 
rendered policy shall be returned to the member withdrawing 
less the customary short term premium for a time during 
which the policy was in force. The company shall have 
power to cancel or determine any policy by giving the insured 
five days' written notice to that effect and returning to the 
insured his pro rata part of the premium. 
Amend- Sec. 21. Any company organized under this act shall have 
oi by- power to amend its articles of association and by-laws at its 
laws. regular annual meeting or at special meetings called and held 
as provided in its by-laws, but said amendments shall, before 
they become operative, be approved and filed in the same 
manner as the original articles and by-laws. 
May Sec. 22. Any company organized under this act shall have 

prop- power to own, hold and acquire such real and personal prop- 
eity - erty as shall be necessary for the transaction of its business. 
May Sec. 23. Any company organized under this act may sue 

and be sued in any court of law or equity, with the same 
rights and obligations as a natural person, and in addition 
to the powers hereinbefore enumerated, shall possess and 
exercise all such rights and powers as are necessarily inci- 
dental to the exercise of the powers expressly granted 
herein. 

Sec. 24. This act shall not apply to contracts made 
cable between persons, firms or corporations of this state, and 
others of this state and other states for the protection of 
their own property under the plan known as reciprocal insur- 
ance or interinsurance, nor to unincorporated inter-indemnity 
compacts. 



sue, 



Not 



cable 
to con- 
tracts. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 137 

CHAPTER 178. 
Accident prevention fund. 

An act appropriating moneys in the "accident prevention 
fund" for the purpose of enforcing and promoting safety 
in employment and places of employment. 

The people of the State of California do enact as follows: 

Section 1. All moneys which are paid into the state Fund 
treasury for the credit of the "accident prevention fund" are forcing 
hereby appropriated to be used by the industrial accident 
commission for the enforcement of the laws relative to safety 
in employment and places of employment and for the promo- 
tion of such safety, and the controller is hereby directed to 
draw his warrants on said fund, from time to time, in favor 
of the industrial accident commission for the amounts 
expended under its direction for such purposes, and the 
treasurer is hereby authorized and directed to pay the same. 



CHAPTER 179. 
Industrial accident fund. 

An act creating an "industrial accident fund" and appro- 
priating moneys therein. 

The people of the State of California do enact as follows: 

Section 1. There is hereby created and established a fund indus- 
to be known as the "industrial accident fund" into which ££5- 
shall be paid all fees collected by the industrial accident jJ«jt 
commission and all moneys received by it for transcripts of created, 
testimony, certified copies of records and all other moneys 
received by it and not otherwise provided for, which said 
fund shall be a revolving fund. 

Sec. 2. All moneys which are paid into the state treasury 
for the credit of said fund are hereby appropriated to be used 
by the industrial accident commission for its contingent 
expenses, and the controller is hereby directed to draw his 
warrants on said fund, from time to time, in favor of said 
commission for the amounts expended under its direction for 
such purposes, and the treasurer is hereby authorized and 
directed to pay the same. 



138 BUREAU OF LABOR STATISTICS. 

CHAPTER 180. 

State compensation insurance fund. 

An act appropriating moneys to the use of the state compen- 
sation insurance fund. 

The people of the State of California do enact as follows: 

use of Section 1. The sum of one hundred thousand dollars is 
hereby appropriated out of any moneys in the state treasury 
not otherwise appropriated, to be credited to the ''state com- 
pensation insurance fund" and to be used by the industrial 
accident commission in the manner authorized by law for the 
use of said fund. 

Sec. 2. The state controller and the state treasurer are 
hereby authorized and directed to transfer said sum of one 
hundred thousand dollars from the general fund of the state 
to the "state compensation insurance fund." 



CHAPTER 182. 
Sanitation of camps. 

An act regulating the sanitation and ventilation in and at 
camps where five or more persons are employed; and pro- 
viding a penalty for the violation thereof. 

[Approved May 29, 1913.] 
The people of the State of California do enact as follows: 

Camps Section 1. In or at any camp where five or more persons 

kept 6 are employed, the bunkhouses, tents and other sleeping places 

clean. £ suc j 1 employees shall be kept in a cleanly state, and free 

from vermin and matter of an infectious and contagious 

nature, and the grounds around such bunkhouses, tents or 

other sleeping places shall be kept clean and free from 

accumulations of dirt, filth, garbage and other deleterious 

matter. 

Air Sec. 2. Every bunkhouse, tent or other sleeping place 

space ' used for the purpose of a lodging or sleeping apartment in 

such camp, shall contain sufficient air space to insure an 

adequate supply of fresh air for each person occupying such 

bunkhouse, tent or other sleeping place. The bunks or beds 

shall be made of iron, canvas or other sanitary material and 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 139 

shall be so constructed as to afford reasonable comfort to 
the persons occupying such bunks or beds. 

Sec. 3. It shall be the duty of any person, firm, corpora- Duty 
tion, agent or officer of a firm or corporation employing per- pidy™. 
sons to work in or at such camps and the superintendent or 
overseer in charge of the work in or at such camp to carry 
out the provisions of sections one and two of this act. 

Sec. 4. The state board of health shall have the right and Power 

T 1 • • P t0 C011 " 

power to condemn any camp coming under the provision or demn. 
this act as dangerous to the public health. 

Sec. 5. Any person, firm, corporation, agent or officer of Penalty, 
a firm or corporation, or any superintendent or overseer in 
charge of the work in or at any camp coming under the pro- 
visions of this act, who shall violate or fail to comply with 
the provisions of this act is guilty of a misdemeanor, and 
shall upon conviction thereof, be punished by a fine of not 
more than two hundred dollars, or by imprisonment for not 
more than sixty days, or by both such fine and imprison- 
ment. 

Sec. 6. It shall be the duty of the state board of health 
to enforce the provisions of this act. 

CHAPTER ISO. 

Hours of labor in mines, underground workings, and 
smelters. 

An act regulating the hours of employment in underground 
mines, underground workings, whether for the purpose of 
tunneling, making e.rea rations or to accomplish any other 
purpose or design, or in smelting and reduction works. 

[Approved June 6, 1913.] 
The people of the State of California do enact as follows: Eight - 

Section 1. That the period of employment for all persons ^ay. r 
who are employed or engaged in work in underground mines 
in search of minerals, whether base or precious, or who are 
engaged in such underground mines for other purposes, or 
who are employed or engaged in any other underground 
workings whether for the purpose of tunneling, making exca- 
vations or to accomplish any other purpose or design, or 
who are employed in smelters and other institutions for the 
reduction or refining of ores or metals, shall not exceed eight 
hours within any twenty-four hours, and the hours of 



140 BUREAU OF LABOR STATISTICS. 

employment in such employment or work day shall be con- 
secutive, excluding, however, any intermission of time for 
lunch or meals ; provided, that, in case of emergency where 
life or property is in imminent danger, the period may be a 
longer time during the continuance of the exigency or 
emergency. 
Penalty. Sec. 2. Any person who shall violate any provision of this 
act, and any person who as foreman, manager, director or 
officer of a corporation, or as the employer or superior officer 
of any person, shall command, persuade or allow any person 
to violate any provision of this act, shall be gulity of a mis- 
demeanor and upon conviction shall be punished by a fine of 
not less than fifty dollars ($50.00) nor more than three 
hundred dollars ($300.00), or by imprisonment of not more 
than three months. And the court shall have discretion to 
impose both fine and imprisonment as herein provided. 

Sec. 3. All acts and parts of acts inconsistent with this act 
are hereby repealed. 



CHAPTER 198. 
Payment of wages earned in seasonal labor. 

An act regulating the payment of wages earned in seasonal 
labor and prescribing the powers and duties of the com- 
missioner of the bureau of labor statistics, in relation 
thereto. 

[Approved May 28, 1913.] 

The people of the State of California do enact as follows: 

-sea- Section 1. For the purpose of this act the term "seasonal 

labor" labor" shall include all work performed by any person 
defined, employed for a period of time greater than one month, and 
where the wages for such work are not to be paid at any 
fixed intervals of time, but at the termination of such employ- 
ment, and where the work is to be performed outside of this 
state ; provided, that such person is hired within this state 
and the wages earned during such employment are to be paid 
in this state at the termination of such employment. 
Wages Sec. 2. Upon application of either the employer or the 
paid in em r>i yee, the wages earned in seasonal labor, shall be paid in 

presence ^ J ' ° 

of ex- the presence of the commissioner of the bureau of labor 
statistics or an examiner appointed by him. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 141 

Sec. 3. The commissioner shall hear and decide all disputes wages 
arising from wages earned in seasonal labor and he shall Jjjjted! 
allow or reject any deductions made from such wages ; 
provided, however, that he shall reject all deductions made 
for gambling debts incurred by the employee during such 
employment and for liquor sold to the employee during 
such employment. 

Sec. 4. After final hearing by the commissioner, he shall Find- 
file in the office of the bureau of labor statistics, a copy of Sid. 
the findings upon facts and his award. 

Sec. 5. The amount of the award of the commissioner Award, 
shall be conclusively presumed to be the amount of the wages due. 65 
due and unpaid to the employee at the time of the termina- 
tion of the employment, and prosecution may be commenced 
under the provisions of an act entitled, "An act providing 
for the time of payment of wages," approved May 1, 1911. 

Sec. 6. The commissioner or any examiner appointed by May 
him, shall have power and authority to issue subpoenas to sub- 
compel attendance of witnesses or parties, and the produc- pcenas - 
tion of books, papers or records and to administer oaths. 
Obedience to such subpoenas shall be enforced by the courts 
of any county or city and county. 

Sec. 7. This act shall not be construed to apply to the Not 
wages earned by seamen or other persons, where the payment able t<> 
of wages is regulated by federal statute. 

CHAPTER 214. 

Child labor law. 

An act to amend "An act regulating the employment and 
hours of labor of children, prohibiting the employment of 
minors under certain ages, prohibiting the employment of 
certain illiterate minors, providing for the enforcement 
hereof by the commissioner of the bureau of labor sta- 
tistics, and providing penalties for the violation hereof,'" 
approved February 20, 1905, approved April U h 1911. 
as amended. 

[Approved June 2, 1913.] 

The people of the State of California do enact as follows: 

Section 1. No minor under the age of eighteen years shall 
be employed in laboring in any manufacturing, mechanical, Minors 
or mercantile establishment, or other place of labor, more J55S 1S 



1 12 BUREAU OF LABOR STATISTICS. 

Hours of than eight hours in one day, except when it is necessary to 
ia,r>r make repairs to prevent the interruption of the ordinary 
running of the machinery, or when a different apportion- 
ment of the hours of labor is made for the sole purpose of 
making a shorter day's work for one day of the week, and 
in no case shall the hours of labor exceed forty-eight hours 
in a week. 
work* ^ EC * ^' ^° mmor un <ter the age of eighteen years shall 

pro : be employed or permitted to work between the hours of 

ten o'clock in the evening and five o'clock in the morning. 
Employ- Sec. 3. No minor under the age of fifteen years shall be 

ment of , , . . . m , 

minors employed in any mercantile institution, office, laundry, nianu- 
15 er facturing establishment, workshop, place of amusement, res- 
taurant, hotel, apartment house, or in the distribution or 
transmission of merchandise or messages, unless each minor 
is supplied with a permit to work as hereinafter provided. 
issuance Sec. 4. The superintendent of schools of any city, or of 
n f i ^ er " any city and county, or of any county (over such portions of 
any such county as are not within the jurisdiction of any 
superintendent of city schools) shall have authority to issue 
a permit to work to any minor between the ages of twelve 
and fifteen years, in any of the following circumstances : 
Require- (1) Where such minor has completed the prescribed 
fo? n S grammar school course, and is physically fitted for the labor 
permit, contemplated ; or 

(2) Where upon the sworn statement being made by the 
parent, or foster-parent, or guardian, of such minor, that 
such minor is past the age of twelve years, that the parent 
or parents, or foster-parent or foster-parents, or guardian, 
of such minor is incapacitated for labor through illness or 
injury, or that through the death or desertion of the father 
of such minor, the family is in need of the earnings of such 
minor, and that sufficient aid can not be secured in any other 
manner. The person authorized to issue such permit shall 
make a signed statement granting such permit that he, or a 
competent person designated by him for this purpose, has 
carefulty investigated the conditions under which the applica- 
tion for such permit has been asked, and has found that in 
his judgment the earnings of such minor are necessary for 
such family to support such minor, and that in his judgment 
sufficient aid can not be secured in any other manner. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 143 

Sec. 5. No permit as specified in section 4 of this act Limita- 
shall be issued except upon written evidence that suitable issuance 
work is waiting for such minor, and such permit shall g^" 
specify the kind of labor. Permits issued under subdivision 
(2) of said section 4 shall in no case be issued for a longer 
period than shall seem necessary, nor for longer than six 
months, at the end of which period such superintendent shall 
see that such minor returns to school, unless a new permit 
to labor is issued. Such permit shall be kept on file by permits 
the person, firm or corporation employing the minor therein k e P t e n 
designated, during the term of said employment, and shall ^ e em . 
be given up to such minor upon his quitting such employ- pioyers. 
ment. Where such minor works for himself and not for Form of 

_ . . , ., permit. 

others, such minor shall keep in his possession such permit. 
Such permit shall be issued on forms in accordance with 
this act, which shall be prepared and provided by the com- 
missioner of the bureau of labor statistics of the State of 
California. Such permit shall be subject to revocation at 
any time by such commissioner of the bureau of labor sta- 
tistics, or by the authority issuing such permit, whenever 
such commissioner, or the authority issuing such permit shall 
find that the conditions for the legal issuance of such permit 
do not exist. Such permit shall be always open lo the 
inspection of the attendance and probation officers, or of the 
officers of the state bureau of labor statistics. A duplicate Dupii- 
copy of each permit to work granted under the provisions of copy to 
this act shall be kept by the person issuing such permit, beflled - 
such copy to be filed with the superintendent of schools of 
the city, or city and county, or county, as the case may be ; 
provided, that all copies of permits issued between June 25th 
and December 25th of any year shall be filed not later than 
December 31st of such year ; and those issued between 
December 25th and June 25th of the ensuing year shall be 
filed not later than June 30th of each year. Corresponding semi- 
semiannual reports of all such permits issued shall be made reports 
by such superintendents in such form as may be required f^f^f 1 * 
by the commissioner of the bureau of labor statistics of the ents - 
State of California. 

Sec. 6. The attendance officer of any county, city and investi- 
county, or school district in which any place of employment, of pfaces 
in this act named, is situated, or the probation officer of such *££?}' 
county, shall have the right and authority, at all times to ment. 



144 BUREAU OF LABOR STATISTICS. 

enter into any such place of employment for the purpose of 
investigating violations of the provisions of this act, or viola- 
tions of the provisions of an act entitled "An act to enforce 
the educational rights of children and providing penalties 
for the violation of the act," approved March 24, 1908, and 
any act amending or superseding the same ; provided, how- 
ever, that if such attendance or probation officer is denied 
entrance to such place of employment, any magistrate may, 
upon the filing of an affidavit by such attendance or proba- 
tion officer setting forth the fact that he has a good cause 
to believe that the provisions of this act, or the act herein- 
before referred to, are being violated in such place of employ- 
ment, issue an order directing such attendance or probation 
officer to enter said place of employment for the purpose 
of making such investigations ; and provided, that any such 
vaca- minor over the age of twelve years may be employed at 
permits, any of the occupations mentioned in this act on the regular 
weekly school holidays, or during the regular vacation of the 
public schools of the city, county, or city and county, in 
which the place of employment is situated, upon the pro- 
duction of a permit signed by the principal, vice-principal 
of the school, or secretary of the board of school trustees or 
board of education of the school which such minor is attend- 
ing, or has attended during the term next preceding any 
such vacation. Such permit shall contain the name and age 
of the minor to whom it is issued, and when issued for the 
regular vacation, the date of the termination of the vacation 
for which it is issued, and in any case shall be kept on file 
by the employer during the period of employment, and at the 
termination of such employment shall be returned to the 
minor to whom it was issued. 
Employ- Sec. 7. No minor who is under sixteen years of age shall 
mfnor? De employed or permitted to work at any gainful occupation 
between during the hours that the public schools of the city, town or 
16 school district in which his place of employment is situated 

are in session, unless he or she has completed the prescribed 
grammar school course, or unless he or she is a regular 
attendant for the then current term at a regularly con- 
ducted night school ; provided, however, that if the bodily 
or mental condition of said minor is such as to render inad- 
visable attendance at school or application to study, a cer- 
tificate from any licensed physician that said minor should 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 145 

not attend school shall be sufficient excuse for such non- 
attendance. 

Sec. 8. Every person, firm or corporation employing posting 
minors under eighteen years of age, in any manufacturing maim-" 1 
establishment, shall post and keep posted, in a conspicuous -J^es- 
place in every room where such minors are employed, a tabiisn- 

ments. 

written or printed notice stating the number of hours per 

day for each day of the week required of such minors. 

Sec. 9. Every person, firm, or corporation, agent or certm- 

officer of a firm or corporation, employing or permitting minors jj^klpt* 

under sixteen and over fifteen years of age to work in any on me 

by em- 
mercantile institution, office, laundry, manufacturing estab- pioyer. 

lishment, workshop, place of amusement, restaurant, hotel, 
apartment house, or in the distribution or transmission of 
merchandise or messages, shall keep a record of the names, 
ages, and places of residence of such minors, and shall have 
on file a certificate of age and schooling, as provided in this 
act, for every such minor so employed, said record and cer- 
tificate to be open at all times to the inspection of the 
school attendance and probation officers of the city and 
county, city, or county, in which the place of employment 
is situated, or of the officers of the state bureau of labor 
statistics. 

Sec. 10. An age and schooling certificate shall be ap- im- 
proved only by the superintendent of schools of the city or certifl°- f 
city and county, or by a person authorized by him in writing, catos - 
or where there is no city or city and county superintendent 
of schools, by a person authorized by the local school trus- 
tees ; provided, that the superintendent or principal of any 
school of recognized standing shall have the right to approve 
an age and schooling certificate, and shall have the same 
rights and powers as the superintendent of public schools to 
issue the certificate herein provided for the children attend- 
ing such schools. The person authorized to issue age and 
schooling certificates shall have the authority to administer 
the oaths necessary for carrying out the provisions of this 
act, but no fees shall be charged for issuing such certificates. 

An age and schooling certificate shall be issued only upon 
the written request of the prospective employer of such 
minor, which written request shall be filed by the person 
issuing the certificate. 

10— LL 



146 BUREAU OF LABOR STATISTICS. 

An age and schooling certificate shall not be approved 
unless satisfactory evidence is furnished by the last school 
census, the certificate of birth or baptism of such minor, the 
public register of birth of such minor, or in some other 
manner, that such minor is of the age stated in such cer- 
tificate. A duplicate copy of each age and schooling cer- 
Dupii- tificate granted under the provisions of this act shall be 
be filed, kept by the person issuing such certificate, such copy to be 
filed with the county superintendent of schools in the county 
where the certificate is issued ; provided, that all such copies 
of certificates issued between June 25th and December 25t;h 
of any year shall be filed not later than December 31st of 
such year; and those issued between December 25th and 
June 25th of the ensuing year, shall be filed not later than 
June 30th of each year. The county superintendent of 
Semi- schools of each county shall file with the commissioner of 
reports tne bureau of labor statistics, a report showing the number 
superin- °^ age an( * schooling certificates issued to male and female 

tend- minors and such other detailed information as the commis- 
ents. 

sioner may require. Said report to be filed during the 

months of January and July of each year for the preceding 
six months, ending June 25th and December 25th of each 
year, and cover certificates issued during said periods and on 
file in the ofiice of the county superintendent of schools as 
described in this section. 
Form Sec. 11. Age and schooling certificates shall be issued on 

tmcate. forms which shall be prepared and provided by the com- 
missioner of the bureau of labor statistics of the State of 
California, and shall be substantially in the following form, 
to wit : 

Age and schooling certificate. This certifies that I am the 
(father, mother, or guardian) of (name of the minor) and 
that (he or she) was born at (name of the city or town), 
in the county of (name of county, if known), and state (or 
country) of (name) on the day (day and year of birth), 
and is now (number of years and of months) old. 

Signature, as provided in this act. 

City or town, and date. 

There personally appeared before me the above named 
(name of person signing) and made oath that the following 
certificate by (him or her) signed is true to the best of (his 
or her) knowledge and belief. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 147 

I hereby approve the foregoing certificate of (name of 
minor), height (feet and inches), complexion (fair or dark), 
hair (color), having no sufficient reason to doubt that (he or 
she) is of the age therein certified, and I hereby certify that 
(he or she) (has or has not) completed the prescribed 
grammar school course. 

Signature of the person authorized to sign, with his 
official character and authority. 

Town or city and date. 

This certificate belongs to the minor in whose behalf it is 
drawn and it shall be presented to (him or her) whenever 
(he or she) leaves the services of the person, firm, or cor- 
poration holding the same. 

The certificate as to the birthplace and age of the minor penalty 
under sixteen years of age shall be signed by his father, his false 
mother, or his guardian ; if a minor has no father, mother, ^ e * 
or guardian living in the same city or town, his own signa- 
ture to the certificate may be accepted by the person author- 
ized to approve the same. Every person authorized to sign 
the certificate prescribed by this act, who knowingly certifies 
to any false statement therein, is guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of 
not less than five nor more than fifty dollars, or by imprison- 
ment not more than thirty days, or by both such fine and 
imprisonment. 

Sec. 12. No miner having a permit to work, as described Minors 
in sections 3, 4, and 5 of this act, and no minor having an gfiteen 
age and schooling certificate, as described in sections 9, 10 "©main 
and 11 of this act, and no other minor under sixteen years unem- 
of age, who would by law be required to attend school, shall, more 
while the public schools are in session, be and remain idle two* 
and unemployed for a period longer than two weeks but weeks - 
must enroll and attend school ; provided, that within one Em- 
week after any minor having such a permit to work or such toTepori 
age and schooling certificate shall have ceased to be em- within 
ployed by any employer, such employer shall, in writing, week 
giving the latest correct address of such minor known to minor 
such employer, notify the county superintendent of schools employ. 
of such county, that such minor is no longer employed by 
such employer; and such county superintendent of schools, 
shall thereupon immediately notify the attendance officer 
having jurisdiction in the place of such minor's residence, 



148 BUREAU OF LABOR STATISTICS. 

giving the said latest known correct address of such minor, 
that such minor is neither at work nor in school ; and pro- 
ruled, further, that no such minor shall he permitted to 
cease school attendance, without securing a permit to work, 
or of an age and schooling certificate as provided in this act. 
Liabmtj Sec. 13. Any person, firm, corporation, agent, or officer 
pioyer. of. a fi rm ov corporation that violates or omits to comply 
with any of the foregoing provisions of this act, or that 
employs or suffers or permits any minor to be employed in 
violation thereof, is guilty of a misdemeanor, and shall, upon 
conviction thereof, be punished by a fine of not less than 
fifty dollars or more than two hundred dollars, or by im- 
prisonment for not more than sixty days, or by both such 
fine and imprisonment, for each and every offense. A 
Penalty, f a ii ul « e to produce any age and schooling certificate or per- 
mit to work or to post any notice required by this act, shall 
be prima facie evidence of the illegal employment of any 
minor whose age and schooling certificate or permit to work 
is not produced, or whose name is not so posted. Any fine 
Disposi- collected under the provisions of this act shall be paid into 
fine. the school funds of the county, or city, or city and county 
in which the offense occurred ; except such fines imposed and 
collected as the result of prosecutions by the officers of the 
bureau of labor statistics. In such cases one half of the 
resultant fine or fines shall be paid into the state treasury 
and credited to the contingent fund of the bureau of labor 
statistics, and one half paid into the school funds of the 
county, or city, or city and county in which the offense 
occurred. 
Excep- Sec. 14. Nothing in this act shall be construed to pro- 
generai. hibit the employment of minors at agricultural, horticul- 
tural, or viticultural, or domestic labor during the time the 
public schools are not in session, or during other than school 
hours. For the purpose of this act, horticultural shall be 
understood to include the curing and drying, but not the 
canning, of all varieties of fruit. Nor shall anything in this 
Tnea- act be construed to prohibit any minor between the ages of 
tres * fifteen and eighteen years, who is by any statute or statutes 
of the State of California, now or hereafter in force, per- 
mitted to be employed as an actor, or actress, or performer 
in a threatre, or other place of amusement, previous to the 
hour of ten o'clock p.m., in the presentation of a perform- 



j 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 149 

ance, play or drama, continuing from an earlier hour till 
after the hour of ten o'clock p.m., from performing his or 
her part in such presentation as such employee between the 
hours of ten and twelve o'clock p.m. ; provided, the written 
consent of the commissioner of the bureau of labor statistics 
is first obtained. Nor shall anything in this act prevent, or special 
be construed to prohibit, the employment of any minor, forThea- 
whether resident or nonresident, in the presentation of a tres - 
drama or dramatic play with the written consent of the 
commissioner of the bureau of labor statistics, but no such 
consent shall be given unless the officer giving it is satisfied 
that the environment in which the drama or dramatic play 
is to be produced is a proper environment for the minor, and 
that the conditions of such employment are not detrimental 
to the health of such minor, and that the minor's education 
will not be neglected or hampered by its participation in 
such drama or dramatic play, and every such written con- 
sent shall specify the name and age of the minor together 
with such other facts as may be necessary for the proper 
identification of such minor, and the dates when, and the 
theatres or other places of amusement in which, such 
dramas or dramatic plays are to be produced, and shall 
specify the dramas or dramatic plays in which the minor is 
permitted to participate, and every such consent shall be 
revocable at the will of the officer giving it. 

Sec. 15. The bureau of labor statistics shall enforce rhe Enforce- 
provisions of this act. The commissioner, his deputies and ment - 
agents, shall have all the powers and authority of sheriffs or 
other peace officers, to make arrests for violations of the 
provisions of this act, and to serve any process or notice 
throughout the state. 

CHAPTER 227. 
Attorney — Bureau of Labor Statistics. 

An act to create the office of attorney for the state bureau 
of labor statistics. 

[Approved June 4, 1913.] 
77*e people of the State of California' do enact as follows: 

Section 1. The office of attorney for the state bureau of Attorney 
labor statistics is hereby created. Said attorney shall be 



150 BUREAU OF LABOR STATISTICS. 

appointed by the commissioner of the bureau of labor 
statistics. 

Duties. Sec. 2. It shall be the duty of such attorney to act for 
and represent the state bureau of labor statistics and the 
commissioner thereof in all legal matters which may require 
the attention of such state bureau of labor statistics and the 
commissioner thereof, and to specially represent and act for 
and in co-operation thereof, when required, in the preven- 
tion of all acts and things which, in the judgment of the 
state bureau of labor statistics or the commissioner thereof, 
as will best subserve and carry out the provisions of an act 
entitled, "An act to establish and support a bureau of labor 
statistics," approved March 3, 1883 ; and also, all other acts 
which have been or may be hereafter designated by the 
legislature to be enforced by said state bureau of labor 
statistics or the commissioner thereof, and in all other 
matters pertaining to the welfare of minors and labor gen- 
erally and to assist and aid the said bureau and the com- 
missioner thereof with his advice, and to represent and act 
for the same in court. 

salary. Sec. 3. The salary of such attorney shall be twenty-four 
hundred dollars per annum and shall be paid out of the state 
treasury, upon warrants drawn by the controller, in the same 
manner as the salaries of other state officers are paid. 

Sec. 4. All acts and parts of acts in conflict with this act 
are hereby repealed. 

CHAPTER 255. 
Registration of factories, etc. 

An act to provide for the registration of factories, workshops, 
mills and other manufacturing establishments. 
[Approved June 2, 1913.] 
The people of the State of California do enact as follows: 
Regis- Section 1. The owner of any factory, workshop, mill or 

of a fac? other manufacturing establishment, where five or more per- 
tories, sons are employed, shall register such factory, workshop, mill 
or other manufacturing establishment with the bureau of 
labor statistics, giving the name of the owner, the name 
under which the business is carried on, the location of the 
plant, the address of the general offices or principal place of 
business and such other information as the commissioner of 



etc 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 151 

labor shall require. Such registration of existing factories, 
workshops, mills or other manufacturing establishments shall 
be made on or before January 1, 1914. All factories, work- 
shops, mills or other manufacturing establishments hereafter 
established shall be so registered within thirty days after the 
commencement of business. Within thirty days after a 
change in the location of a factory, workshop, mill or other 
manufacturing establishment the owner thereof shall file 
with the commissioner of the bureau of labor statistics the 
new address. 

Sec. 2. The bureau of labor statistics shall enforce the Enforce- 
provisions of this act. The commissioner, his deputies and men ' 
agents, shall have all the powers and authority of sheriffs 
or other peace officers, to make arrests for violations of 
the provisions of this act, and to serve any process or 
notice throughout the state. 

Sec. 3. Any person, firm or corporation who violates or Penalty, 
omits to comply with the provisions of this act is guilty of 
a misdemeanor, and shall upon conviction thereof, be 
punished by a fine of not less than twenty-five dollars or 
more than two hundred dollars, or by imprisonment for not 
more than sixty days, or by both such fine and imprison- 
ment. All fines imposed and collected under the provisions 
of this act shall be paid into the state treasury and credited 
to the contingent fund of the bureau of labor statistics. 

CHAPTER 275. 

Elevators in buildings under construction. 

An act to regulate the construction, operation, and main- 
tenance of elevators in buildings during course of con- 
struction; providing for inspection of the same by the 
bureau of labor statistics; and providing for a penalty for 
violation thereof. 

[Approved June 7, 1913.] 
The people of the State of California do enact as follows: 

Section 1. The words and phrases used in this act shall Deflni- 

• i tions. 

for the purposes of this act, unless the same be contrary 
to or inconsistent with the context, be construed as follows : 
1. "Elevator" shall mean any means used to hoist per- 
sons or material of any kind on a building under course 



152 BUREAU OF LABOR STATISTICS. 

of construction, when operated by any power other than 
muscular power. 

2. "Building" shall include structures of all kinds, 
regardless of the purposes for which they may be intended 
to be used, and whether such construction be below or 
above the level of the ground. 
Signals Sec. 2. Every hoist hereafter used in buildings during 
persons the course of construction shall have a system of signals 
them Ve f° r ^e P ur POse of signaling the person operating or con- 
trolling the machinery which may operate the hoist. And it 
shall be the duty of the person in charge of said building 
to appoint one or more persons to give such signals, such 
person to be selected from those most familiar with the 
work for which said hoist is being used. In the event that 
a building shall be over fifty feet in height, then two per- 
sons shall be appointed to give such signals, one at the 
bottom of said hoist and the other at the top of said hoist, 
and the person at the bottom of said hoist shall signal the 
person at the top, who shall then signal the engineer or the 
person in charge of the machinery operating said hoist. In 
the event that the engineer or person in charge of the machin- 
ery operating said hoist is so situated that he has a clear 
and unobstructed view of the base of the elevator, then 
and in that event, regardless of the height of the building, 
no person shall be required to give signals at the bottom of 
said hoist, 
inspec- Sec. 3. It shall be the duty of the commissioner of the 
bureau of labor statistics to inspect all hoists coming within 
the definition in section one of this act. And if any part of 
the construction or system of signals used on a hoist is 
defective or may endanger the lives of men working in the 
immediate vicinity of said hoist, he shall direct the person 
in charge thereof to remedy such defect, and such hoist shall 
not be used again until the order of the commissioner shall 
have been complied with. 
Penalty. Sec. 4. Any person, firm, copartnership or corporation or 
any agent, superintendent or manager of a corporation who 
shall violate any of the provisions of this act, shall upon con- 
viction thereof be guilty of a misdemeanor and punished by 
a fine not less than fifty dollars and not more than five 
hundred dollars, or by imprisonment in the county jail for 
not less than thirty days and not more than six months, or 
by both such fine and imprisonment. 



tion of 
hoists. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 153 

CHAPTER 278. 

Medical appliances to be kept in factories. 

An act to provide for the keeping of medical and surgical 

appliances in factories. 

[Approved May 19, 1913.] 

The people of the State of California do enact as follows: 

Section 1. Every person, firm or corporation operating Medical 

CllGStS 

a factory or shop, or conducting any business in which required. 
power machinery is used for any manufacturing purpose, 
except for elevators or for heating or hoisting apparatus. 
where five or more persons are employed, shall at all times 
keep and maintain, in some accessible place upon the 
premises upon which such factory, shop or business is 
located, free of expense to the employees, a medical or 
surgical chest which shall contain an adequate assortment 
of absorbent lint, absorbent cotton, sterilized gauze, plain 
and medicated, adhesive plaster, cotton and gauze bandages, 
also one tourniquet, one pair scissors, one pair tweezers. 
one jar carbolized petrolatum, one bottle antiseptic solution, 
and one first aid manual, all of which shall cost not less than 
six dollars, and to be used in the treatment of persons 
injured or taken ill upon the premises. 

Sec. 2. Any person, firm or corporation violating this act 
shall be subject to a fine of not less than ten dollars nor 
more than fifty dollars for every week during which such 
violation continues. 

CHAPTER 282. 
Private employment agencies — Regulation and licensing. 
An act regulating private employment agencies, providing for 
a license for the operation thereof and a fee therefor, pro- 
viding forms of receipts and registers to be used and kept, 
prohibiting any charge for registering or filing application 
for help or employment, prohibiting the dividing of fees, 
providing for the refunding of fees and expenses in the 
event of failure to procure employment, and granting the 
commissioner of the bureau of labor statistics the power to 
prescribe rules and regulations to carry out the purpose 
and intent of this act. 

[Approved June 3, 1913.] 
The people of the State of California do enact as follows: 
Section 1. 1. When used in this act the following terms 



154 BUBEAU OF LABOB STATISTICS. 

Defini- are defined as herein specified : The term "person" means 
and includes any individual, company, society, association, 
corporation, manager, contractor, subcontractor or their 
agents or employees. 

2. The term "employment agency" means and includes the 
business of conducting, as owner, agent, manager, contractor, 
subcontractor, or in any other capacity an intelligence office, 
domestic and commercial employment agency, theatrical em- 
ployment agency, teachers' employment agency, general 
employment bureau, shipping agency, nurses' registry, or any 
other agency or office for the purpose of procuring or attempt- 
ing to procure help or employment or engagements for persons 
seeking employment or engagements, or for the registration of 
persons seeking such help, employment or engagement, or for 
giving information as to where and of whom such help, 
employment or engagement may be procured, where a fee or 
other valuable consideration is exacted, or attempted to be 
collected, directly or indirectly, for such services, whether 
such business is conducted in a building or on the street or 
elsewhere. 

3. The term "theatrical employment agency" means and 
includes the business of conducting an agency, bureau, office 
or any other place for the purpose of procuring or offering, 
promising or attempting to provide engagements for circus, 
vaudeville, theatrical and other entertainments or exhibitions 
or performances, or of giving information as to where such 
engagements may be procured or provided, whether such busi- 
ness is conducted in a building, or on the street or elsewhere. 

4. The term "theatrical engagement" means and includes 
any engagement or employment of a person as an actor, per- 
former or entertainer in a circus, vaudeville, theatrical and 
other entertainment, exhibition or performance. 

5. The term "emergency engagement" means and includes 
an engagement which has to be performed within twenty-four 
hours from the time when the contract for such engagement 
is made. 

6. The term "fee" means and includes any money or other 
valuable consideration paid or promised to be paid for serv- 
ices rendered or to be rendered by any person conducting an 
employment agency of any kind under the provisions of this 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 155 

article. Such term includes auy excess of money received by 
any such person over what has been paid out by him for the 
transportation, transfer of baggage, or board and lodging for 
any applicant for employment ; such term also includes the 
difference between the amount of money received by any such 
person who furnishes employees, performers or entertainers 
for circus, vaudeville, theatrical and other entertainments, 
exhibitions or performances, and the amount paid by him to 
the said employees, performers or entertainers whom he hires 
or provides for such entertainments, exhibitions or perform- 
ances. 

7. The term "privilege" means and includes the furnish- 
ing of food, supplies, tools or shelter to contract laborers, 
commonly known as commissary privileges. 

8. The term "commissioner of labor" means commissioner 
of the bureau of labor statistics. 

Sec. 2. A person shall not open, keep, maintain or carry License 
on any employment agency, as defined in the preceding sec-saryf 
tion, unless he shall have first procured a license therefor as 
provided in this article from the commissioner of labor. Such 
icense shall be posted in a conspicuous place in said agency. 
Any person who shall open or conduct such an employment 
agency without first procuring said license shall be guilty 
**f a misdemeanor and shall be punished as hereinafter pro- 
vided. 

Sec. 3. An application for such license shall be made tOAppUca- 
the commissioner of labor. Such application shall be written tlon - 
and in the form prescribed by the commissioner of labor, and 
shall state the name and address of the applicant ; the street 
and number of the building or place where the business is to 
be conducted ; whether the applicant proposes to conduct a 
lodging house for the unemployed separate from the agency 
which he proposes to conduct ; the business or occupation 
engaged in by the applicant for at least two years imme- 
diately preceding the date of the application. Such applica- 
tion shall be accompanied by the affidavits of at least two 
reputable residents of the city to the effect that the applicant 
is a person of good moral character. 

Sec. 4. Upon receipt of an application for a license the Investi . 
commissioner of labor may cause an investigation to be made g * tion r 
as to the character and responsibility of the applicant and of cant's 
the premises designated in such application as the place inacter. 



156 BUREAU OF LABOR STATISTICS. 

which it is proposed to conduct such agency. The commis- 
sioner of labor may administer oaths, subpoena witnesses and 
take testimony in respect to matters contained in such appli- 
cation and in complaints of any character against the 
applicants for such license, and upon proper hearing may 
refuse to grant a license. Each application shall be granted 
or refused within thirty days from date of filing. No license 
shall be granted to a person to conduct the business of an 
employment agency in rooms used for living purposes, or 
where boarders or lodgers are kept, or where meals are served, 
or where persons sleep, or in connection with a building or 
premises where intoxicating liquors are sold to be consumed 
on the premises, excepting cafes and restaurants in office 
buildings. Each license shall run to the thirty-first day of 
March next following the date thereof and no longer, unless 
sooner revoked by the commissioner of labor. 
License Sec. 5. Every license shall contain the name of the person 
contain licensed, a designation of the city, street and number of the 
name, h ouse j n w hich the person licensed is authorized to carry on 
the said employment agency, and the number and date of 
such license. Such license shall not be valid to protect any 
other than the person to whom it is issued or any place other 
than that designated in the license and shall not be trans- 
ferred or assigned to any other person unless consent is 
obtained from the commissioner of labor, as hereinafter pro- 
vided. If such licensed person shall conduct a lodging house 
for the unemployed separate and apart from such agency, it 
shall be so designated in the license. 
Trans- Sec. 6. A license granted as provided in this article shall 
not be assigned or transferred without the written consent of 
the commissioner of labor. No license fee shall be required 
upon such assignment or transfer. The location of an em- 
ployment agency shall not be changed without the written 
consent of the commissioner of labor. 
Fee. Sec. 7. Every person licensed under the provisions of this 

act to carry on the business of an employment agency shall 
pay to the commissioner of labor a license fee of fifty dollars 
in cities of the first, first and one half and second classes, and 
a license fee of twenty-five dollars in cities of the third and 
fourth classes and a license fee of ten dollars in all other 
cities and towns. Such persons shall also deposit before such 
license is issued, with the commissioner of labor, a surety 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 157 

bond in the penal sum of two thousand dollars in cities of the 
first, first and one half and second classes, or a surety bond 
in the penal sum of one thousand dollars in cities of the third 
and fourth classes, or a surety bond in the penal sum of five 
hundred dollars in all other cities and towns. Such surety 
bonds to be approved bj the commissioner of labor and such 
bonds shall be payable to the people of the State of Cali- 
fornia, and shall be conditioned that the person applying for 
the license will comply with the provisions of this act and 
will pay all damages occasioned to any person by reason of 
misstatement, misrepresentation, fraud or deceit or any 
unlawful acts or omissions of any licensed person, his agents 
or employees, while acting within the scope of their employ- 
ment, made, committed or omitted in the business conducted 
under such license or caused by any other violation of this 
article in carrying on the business for which such license is 
granted. All moneys collected for licenses as provided herein 
and all fees collected for violations of the provisions hereof 
shall be paid into the state treasury and credited to the con- 
tingent fund of the bureau of labor statistics. 

Sec. 8. All claims or suits brought in any court against suits, 
any licensed person may be brought in the name of the person 
damaged upon the bond deposited with the people of the 
State of California by such licensed person as provided in 
section seven, and may be transferred and assigned as other 
claims for damages in civil suits. The amount of damages 
claimed by plaintiff, and not the penalty named in the bond, 
shall determine the jurisdiction of the court in which the 
action is brought. Where such licensed person has departed 
from the state with intent to defraud his creditors or to avoid 
the service of a summons in an action brought under this 
section, service shall be made upou the surety as prescribed 
in the Code of Civil Procedure, A copy of such summons 
shall be mailed to the last known post-office address of the 
residence of the licensed person and the place where he con- 
ducted such employment agency, as shown by the records of 
the commissioner of labor. Such service thereof shall be 
deemed to be made when not less than the number of days 
shall have intervened between the dates of service and the 
return of the same as provided by the Code of Civil Pro- 
cedure for the particular court in which suit has been 
brought. 



158 BUREAU OF LABOR STATISTICS. 

Register. Sec. 9. It shall be the duty of every licensed person to 
keep a register, approved by the commissioner of labor, in 
which shall be entered, in the English language, the date of 
the application for employment ; the name and address of 
the applicant to whom employment is promised or offered, 
or to whom information or assistance is given in respect to 
such employment ; the amount of fee received, and such other 
information as the commissioner of labor shall require. Such 
licensed person shall also enter in the same or in a separate 
register, approved by the commissioner of labor, in the English 
language, the name and address of every applicant accepted 
for help, the date of such application, kind of help requested, 
the names of the persons sent, with the designation of the 
one employed, the amount of the fee received and the rate 
of wages agreed upon, and such other information as the com- 
missioner of labor may require. No such licensed person, 
his agent or employees, shall make any false entry in such 
registers. 
Registers Sec. 10. All registers, books, records and other papers 
for kept pursuant to this act in any employment agency shall be 

Son. ec ~ open at all reasonable hours to the inspection of the commis- 
sioner of labor and to any of his duly authorized agents or 
inspectors and every licensed person shall furnish to the com- 
missioner upon request a true copy of such registers, books, 
records and papers or any portion thereof, and shall make 
such reports as the commissioner may prescribe. 
Receipt. Sec. 11. It shall be the duty of every licensed person 
conducting an employment agency to give to every applicant 
for employment from whom a fee shall be received a receipt 
in which shall be stated the name and address of such employ- 
ment agency, the name and address of the person to whom 
the applicant is sent for employment, the name of the appli- 
cant, the date, the amount of fee, the kind of work or service 
to be performed, the general conditions of employment — 
including among other things the rate of wages or compensa- 
tion, whether or not board and lodging is to be furnished, the 
hours of employment, the cost of transportation and whether 
or not it is to be paid by the employer, the time of such 
service, if definite and if indefinite to be so stated, and the 
name of the person authorizing the hiring of such applicant. 
There shall be printed on the face of the receipt in prominent 
type the following: "This agency is licensed by the commis- 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 159 

sioner of labor of the State of California." All receipts shall 
be made and numbered in original and duplicate. The 
original shall be given to the applicant paying the fee and the 
duplicate shall be kept on file at the employment agency. 
The receipts used by such licensed agencies shall be approved 
by the commissioner of labor. 

Sec. 12. No such licensed person shall send out any appli- Return 
cant for employment without having obtained either orally or 
in writing a bona fide order therefor. In case the applicant 
paying such fee fails to obtain employment such licensed 
agency shall repay the amount of said fee to such applicant 
upon demand being made therefor ; provided, that in cases 
where the applicant paying such fee is sent beyond the limits 
of the city in which the employment agency is located, such 
licensed agency shall repay in addition to the said fee any 
actual expenses incurred in going to and returning from any 
place where such applicant has been sent ; provided, however, 
where the applicant is employed and the employment lasts 
less than seven days by reason of the discharge of the appli- 
cant, the employment agency shall return to said applicant 
the fee paid by such applicant to the employment agency. 

Sec. 13. No licensed person conducting an employment False 
agency shall publish or cause to be published any false or using" 
fraudulent or misleading information, representation, notice ^ibited. 
or advertisement ; all advertisements of such employment 
agency by means of cards, circulars, or signs and in news- 
papers and other publications, and all letterheads, receipts, 
and blanks shall be printed and contain the licensed name 
and address of such employment agent and the word agency, 
and no licensed person shall give any false information, or 
make any false promise or false representation concerning 
an engagement or employment to any applicant who shall 
register or apply for an engagement or employment or help. 

Sec. 14. No licensed person conducting an employment Sending 
agency shall send or cause to be sent any minor under the to im- 
age of eighteen years as an employee to any house of ill fame^acts 
or to any house or place of amusement for immoral purposes ^ited. 
or places resorted to for the purpose of prostitution or 
gambling houses, the character of which such licensed per- 
son could have ascertained upon reasonable inquiry, or to any 
saloon or place where intoxicating liquors are sold to be con- 
sumed on the premises. No licensed person shall knowingly 



160 BUREAU OF LABOR STATISTICS. 

permit any persons of bad character, prostitutes, gamblers, 
intoxicated persons or procurers to frequent such agencies. 
No licensed person shall accept any application for employ- 
ment made by or on behalf of any child, or shall place or 
assist in placing any such child in any employment whatever 
in violation of the child labor law. No licensed person shall 
send an applicant to any place where a strike, lockout or. 
other labor trouble exists without notifying the applicant of 
such conditions and shall in addition thereto enter a state- 
ment of such facts upon the receipt given to such applicant. 
No licensed person shall divide fees with any superintendent, 
manager, foreman or other employee of any person, firm or 
corporation to whom employees are furnished. 
Theat- Sec. 15. Every licensed person conducting a theatrical 
employ- employment agency, before making a theatrical engagement, 
agency. exce Pt an emergency engagement, for any person with any 
applicant for services in any such engagement shall prepare 
and file in such agency a written statement signed and verified 
by such licensed person setting forth how long the applicant 
has been engaged in the theatrical business. Such statement 
shall set forth whether or not such applicant has failed to 
pay salaries or left stranded any companies, in which such 
applicant and, if a corporation, any of its officers or directors, 
have been financially interested during the five years preced- 
ing the date of application and, further, shall set forth the 
names of at least two persons as references. If such appli- 
cant is a corporation, such statement shall set forth the 
names of the officers and directors thereof and the length of 
time such corporation or any of its officers have been engaged 
in the theatrical business and the amount of its paid-up 
capital stock. If any allegation in such written, verified 
statement is made upon information and belief, the person 
verifying the statement shall set forth the sources of his 
information and the grounds of his Relief. Such statement 
so on file shall be kept for the benefit of any person whose 
services are sought by any such applicant as employer. 
Theat- Sec. 16. Every licensed person who shall procure for or 
™£} offer to an applicant a theatrical engagement shall have 
tracts, executed in duplicate a contract containing the name and 
address of the applicant ; the name and address of the em- 
ployer of the applicant and of the person acting for such 
employer in employing such applicant ; the time and duration 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 161 

of such engagement ; the amount to be paid to such appli- 
cant ; the character of entertainment to be given or services 
to be rendered ; the number of performances per day or per 
week that are to be given by said applicant ; if a vaudeville 
engagement, the name of the person by whom the trans- 
portation is to be paid, and if by the applicant, either the cost 
of the transportation between the places where said enter- 
tainment or services are to be given or rendered, or the 
average cost of transportation between the places where such 
services are to be given or rendered; and if a dramatic 
engagement the cost of transportation to the place where the 
services begin if paid by the applicant ; and the gross commis- 
sion or fees to be paid by said applicant and to whom. Such 
contracts shall contain no other conditions and provisions 
except such as are equitable between the parties thereto and 
do not constitute an unreasonable restriction of business. 
The form of such contract shall be first approved by the com- 
missioner of labor and his determination shall be reviewable 
by certiorari. One of such duplicate contracts shall be 
delivered to the person engaging the applicant and the other 
shall be retained by the applicant. The licensed person pro- 
curing such engagement for such applicant shall keep on file 
or enter in a book provided for that purpose a copy of such 
contract. 

Sec. 17. Every licensed person shall post in a con- Act 
spicuous place in each room of such agency a copy of this posted, 
act. Such printed law to also contain the name and address 
of the officer charged with the enforcement of this act. The 
commissioner of labor shall furnish printed copies of this 
act to the employment agencies. 

Sec. 18. Any person, firm, corporation or their agents penalty. 
or representatives violating or omitting to comply with any 
of the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of not 
less than fifty dollars or more than two hundred and fifty 
dollars or by imprisonment for a period of not more than 
sixty days or by both such fine and imprisonment. 

Sec. 19. The commissioner of labor, his deputies and 
agents shall have the power and authority of sheriffs and 
other peace officers to make arrests for violations of the 
provisions of this act and to serve any process or notice 
throughout the state. 
11— LL 



162 BUREAU OF LABOR STATISTICS. 

Sec. 20. All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed. 

CHAPTER 284. 
Headlights on Locomotives. 

An act regulating headlights on all locomotives, and providing 
a penalty for violation of the provisions of this act. 
[Approved June 4, 1913.] 
The people of the State of California do enact as follows: 
Section 1. It shall be the duty of every railroad corpora- 

Head- tion, or receiver or lessee thereof, operating any line of rail- 
road in this state, within six months after the passing of 
this act, or within such additional time as may be prescribed 
by order of the railroad commission of California, after such 
railroad has made a proper showing of its inability to comply 
therewith, to equip all locomotive engines, used in the trans- 
portation of trains over said railroad, with electric or other 
headlights which will project sufficient light to enable the 
locomotive engineer to observe clearly a dark object the size 
of an average man, at a distance of not less than eight hun- 
dred feet on a dark, clear night while his train is running 
at a rate of speed not less than thirty miles per hour ; pro- 
vided, that this act shall not apply to locomotive engines 
regularly used in the switching of cars or trains ; provided, 
further, that this act shall not apply to locomotive engines 
used exclusively between sunup and sundown, nor going 
to or from repair shops when ordered in for repairs, nor to 
locomotive engines used on short lines or local lines where 
in the judgment of the railroad commission, the headlight 
herein provided for is not necessary for the preservation 
of public safety. 

Sec. 2. Any railroad company, or receiver or lessee 

Penalty, thereof, doing business in the State of California, who shall 
violate the provisions of this act, shall be liable to the 
State of California for a penalty of not less than one 
hundred dollars, nor more than one thousand dollars, for 
each offense ; and suit shall be brought to recover such 
penalty in a court of competent jurisdiction, in the name 
of the people of the State of California, by the attorney 
general or by the district attorney of any county in or 
through which said railroad may be operated. 



LABOR LAWS STATUTES NINETEEN THIRTEEN. 163 

Sec. 3. All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed. 

CHAPTER 287. 
Assignment of Wages. 

An act to add a new section to the Civil Code to be num- 
bered nine hundred fifty-five, relating to assignment of or 
orders for wages or salaries. 

[Approved June 7, 1913.] 

The people of the State of California do enact as follows: 
Section 1. A new section is hereby added to the Civil 

Code of the State of California to be numbered nine hundred 

fifty-five, and to read as follows : 

955. No assignment of, or order for wages or salary shall 

be valid unless made in writing by the person by whom the 

said wages or salary are earned and no assignment of, or 

Assign- 

order for, wages or salary made by a married person shall ment of 
be valid unless the written consent of the husband or wife of salary - 
the person making such assignment or order is attached to 
such assignment or order ; and no assignment or order for 
wages or salary of a minor shall be valid unless the written 
consent of a parent or the guardian of such minor is attached 
to such order or assignment. No assignment of, or order for, 
wages or salary shall be valid unless at the time of the 
making thereof, such wages or salary have been earned, 
except for the necessities of life and then only to the person 
or persons furnishing such necessities of life directly and 
then only for the amount needed to furnish such necessities. 
Any power of attorney to assign or collect wages or salary 
shall be revocable at any time by the maker thereof. 

CHAPTER 290. 

Hatch-tenders on vessels. 

An act to add a new section to the Penal Code of the State of 
California relating to the regulation of loading and 
unloading of vessels, to be known as and numbered three 
hundred and sixty-eight a, of said code. 

[Approved June 10, 1913.] 
The people of the State of California do enact as follows: 
A new section is hereby added to the Penal Code of the 



1G4 



BUREAU OF LABOR STATISTICS. 



Hatch 

tenders 

for 

vessels 

of 

50 tons 

capacity. 



Penalty. 



State of California to be known as and numbered three hun- 
dred sixty-eight a and to read as follows : 

368a. Any person, firm or corporation engaged in the 
business of loading or unloading ships or vessels, or who con- 
tracts to load or unload a ship or vessel, or who shall be in 
charge of a ship or vessel while the same is being loaded or 
unloaded, or who is authorized to load or unload any ship 
or vessel, having a carrying capacity of fifty tons or greater, 
shall employ and supply upon every ship or vessel while being 
loaded or unloaded, a person over the age of twenty-one years 
to act as signal man or hatch-tender whose sole duty it shall 
be to observe the operations of loading or unloading of each 
working hatch on such ship or vessel, and to warn all persons 
engaged in the operation of loading or unloading of any 
possibility of any injury to any of the articles of which the 
cargo is composed, or of danger to any person engaged or 
being in or about the said ship or vessel while the same is 
being loaded or unloaded as aforesaid. 

Any person, firm, or corporation violating the provisions 
of this act is guilty of a misdemeanor. 



Commis- 
sion 
estab- 
lished. 



CHAPTER 324. 

Industrial Welfare Commission — Minimum wage law. 

An act regulating the employment of women and minors and 
establishing an industrial welfare commission to investi- 
gate and deal with such employment, including a mini- 
mum wage; providing for an appropriation therefor and 
filing a penalty for violations of this act. 

[Approved May 25, 1913.] 
The people of the State of California do enact as follows: 

Section 1. There is hereby established a commission to 
be known as the industrial welfare commission, hereinafter 
called the commission. Said commission shall be composed 
of five persons, at least one of whom shall be a woman, and 
all of whom shall be appointed by the governor as follows : 
Two for the term of one year, one for the term of two years, 
one for the term of three years, and one for the term of four 
years ; provided, however, that at the expiration of their 



LABOR LAWS STATUTES NINETEEN THIRTEEN. JGu 

respective terms, their successors shall be appointed to serve 
a full term of four years. Any vacancies shall be similarly 
filled for the unexpired portion of the term in which the 
vacancy shall occur. Three members of the commission shall 
constitute a quorum. A vacancy on the commission shall 
not impair the right of the remaining members to perform all 
the duties and exercise all the powers and authority of the 
commission. 

Sec. 2. The members of said commission shall draw no compcn- 
salaries but all of said members shall be allowed ten dollars satlon - 
per diem while engaged in the performance of their official 
duties. The commission may employ a secretary, and such 
expert, clerical and other assistants as may be necessary to 
carry out the purposes of this act, and shall fix the compensa- 
tion of such employees, and may, also, to carry out such 
purposes, incur reasonable and necessary office and other 
expenses, including the necessary traveling expenses of the 
members of the commission, of its secretary, of its experts, 
and of its clerks and other assistants and employees. All 
employees of the commission shall hold office at the pleasure 
of the commission. 

Sec. 3. (a) It shall be the duty of the commission to Duties, 
ascertain the wages paid, the hours and conditions of labor 
and employment in the various occupations, trades, and 
industries in which women and minors are employed in the 
State of California, and to make investigations into the 
comfort, health, safety and welfare of such women and 
minors. 

(5) It shall be the duty of every person, firm or corpora- 
tion employing labor in this state : 

1. To furnish to the commission, at its request, any and 
all reports or information which the commission may require 
to carry out the purposes of this act, such reports and infor- 
mation to be verified by the oath of the person, or a member 
of the firm, or the president, secretary, or manager of the 
corporation furnishing the same, if and when so requested 
by the commission or any member thereof. 

2. To allow any member of the commission, or its secre- 
tary, or any of its duly authorized experts or employees, free 
access to the place of business or employment of such per- 
son, firm, or corporation, for the purpose of making any 
investigation authorized by this act, or to make inspection 



166 BUREAU OF LABOR STATISTICS. 

of, or excerpts from, all books, reports, contracts, pay rolls, 
documents, or papers, of such person, firm or corporation 
relating to the employment of labor and payment therefor 
by such person, firm or corporation. 

3. To keep a register of the names, ages, and residence 
addresses of all women and minors employed. 

(c) For the purposes of this act, a minor is defined to be 
a person of either sex under the age of eighteen years. 

Public Sec. 4. The commission may specify times to hold public 
ngs " hearings, at which times, employers, employees, or other inter- 
ested persons, may appear and give testimony as to the mat- 
ter under consideration. The commission or any member 
thereof shall have power to subpoena witnesses and to admin- 
ister oaths. All witnesses subpoenaed by the commission 
shall be paid the fees and mileage fixed by law in civil cases. 
In case of failure on the part of any person to comply with 
any order of the commission or any member thereof, or any 
subpoena, or upon the refusal of any witness to testify to any 
matter regarding which he may lawfully be interrogated 
before any wage board or the commission, it shall be the 
duty of the superior court or the judge thereof, on the applica- 
tion of a member of the commission, to compel obedience in 
the same manner, by contempt proceedings or otherwise, that 
such obedience would be compelled in a proceeding pending 
before said court. The commission shall have power to make 
and enforce reasonable and proper rules of practice and pro- 
cedure and shall not be bound by the technical rules of 
evidence. 

Confer- Sec. 5. If, after investigation, the commission is of the 
opinion that, in any occupation, trade, or industry, the wages 
paid to women and minors are inadequate to supply the cost 
of proper living, or the hours or conditions of labor are preju- 
dicial to the health, morals or welfare of the workers, the 
commission may call a conference, hereinafter called "wage 
board," composed of an equal number of representatives of 
employers and employees in the occupation, trade, or industry 
in question, and a representative of the commission to be des- 
ignated by it, who shall act as the chairman of the wage 
board. The members of such wage board shall be allowed five 
dollars per diem and necessary traveling expenses while en- 
gaged in such conferences. The commission shall make rules 
and regulations governing the number and selection of the 



ence. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 167 

members and the mode of procedure of such wage board, and 
shall exercise exclusive jurisdiction over all questions arising 
as to the validity of the procedure and of the recommendations 
of such wage board. The proceedings and deliberations of 
such wage board shall be made a matter of record for the 
use of the commission, and shall be admissible as evidence in 
any proceedings before the commission. On request of the 
commission, it shall be the duty of such wage board to report 
to the commission its findings, including therein : 

1. An estimate of the minimum wage adequate to supply to 
women and minors engaged in the occupation, trade or indus- 
try in question, the necessary cost of proper living and to 
maintain the health and welfare of such women and minors. 

2. The number of hours of work per day in the occupation. 
trade or industry in question, consistent with the health and 
welfare of such women and minors. 

3. The standard conditions of labor in the occupation, trade 
or industry in question, demanded by the health and welfare 
of such women and minors. 

Sec. 6. (a) The commission shall have further power Power 
after a public hearing had upon its own motion or upon ^Jte<, 
petition, to fix : etc - 

1. A minimum wage to be paid to women and minors 
engaged in any occupation, trade or industry in this state, 
which shall not be less than a wage adequate to supply to 
such women and minors the necessary cost of proper living 
and to maintain the health and welfare of such women and 
minors. 

2. The maximum hours of work consistent with the health 
and welfare of women and minors engaged in any occupa- 
tion, trade or industry in this state ; provided, that the hours 
so fixed shall not be now or hereafter fixed by law. 

3. The standard conditions of labor demanded by the 
health and welfare of the women and minors engaged in any 
occupation, trade or industry in this state. 

(b) Upon the fixing of a time and place for the holding 
of a hearing for the purpose of considering and acting upon 
any matters referred to in subsection (a) hereof, the commis- 
sion shall give public notice by advertisment in at least one. 
newspaper published in each of the cities of Los Angeles and 
Sacramento and in the city and county of San Francisco, and 
by mailing a copy of said notice to the county recorder of 



168 BUREAU OF LABOR STATISTICS. 

each county in the state, of such hearing and purpose thereof, 
which notice shall state the time and place fixed for such 
hearing, which shall not be earlier than fourteen days from 
the date of publication and mailing of such notices. 

(c) After such public hearing, the commission may, in its 
discretion, make a mandatory order to be effective in sixty 
days from the making of such order, specifying the minimum 
wage for women or minors in the occupation in question, the 
maximum hours ; provided, that the hours specified shall not 
be more than the maximum for women or minors in Califor- 
nia, and the standard conditions of labor for said women or 
minors ; provided, however, that no such order shall become 
effective until after April 1, 1914. Such order shall be pub- 
lished in at least one newspaper in each of the cities of Los 
Angeles and Sacramento and in the city and county of San 
Francisco, and a copy thereof be mailed to the county recorder 
of each county in the state, and such copy shall be recorded 
without charge, and to the labor commissioner who shall 
send by mail, so far as practicable, to each employer in the 
occupation in question, a copy of the order, and each em- 
ployer shall be required to post a copy of such order in the 
building in which women or minors affected by the order are 
employed. Failure to mail notice to the employer shall not 
relieve the employer from the duty to comply with such 
order. Finding by the commission that there has been such 
publication and mailing to county recorders shall be con- 
clusive as to service. 
Rescind Sec. 7. Whenever wages, or hours, or conditions of labor 
amend have been so made mandatory in any occupation, trade, or 
industry, the commission may at any time in its discretion, 
upon its own motion or upon petition of either employers or 
employees, after a public hearing held upon the notice pre- 
scribed for an original hearing, rescind, alter or amend any 
prior order. Any order rescinding a prior order shall have 
the same effect as herein provided for in an original order. 
special Sec. 8. For any occupation in which a minimum wage 
has been established, the commission may issue to a woman 
physically defective by age or otherwise, a special license 
authorizing the employment of such licensee, for a period of 
six months, for a wage less than such legal minimum wage ; 
and the commission shall fix a special minimum wage for such 



order. 



license. 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 169 

person. Any such license may be renewed for like periods of 
six months. 

Sec. 9. Upon the request of the commission, the labor sta : 
commissioner shall cause such statistics and other data and 
information to be gathered, and investigations made, as the 
commission may require. The cost thereof shall be paid out 
of the appropriations made for the expenses of the commis- 
sion. 

Sec. 10. Any employer who discharges, or threatens to Misde- 
discharge, or in any other manner discriminates against any 
employee because such employee has testified or is about to 
testify, or because such employer believes that said employee 
may testify in any investigation or proceedings relative to the 
enforcement of this act, shall be deemed guilty of a misde- 
meanor. 

Sec. 11. The minimum wage for women and minors fixed Mh&- 
by said commission as in this act provided, shall be the mini- wage 
mum wage to be paid to such employees, and the payment to 
such employees of a less wage than the minimum so fixed 
shall be unlawful, and every employer or other person who, 
either individually or as an officer, agent, or employee of a 
corporation or other person, pays or causes to be paid to any 
such employee a wage less than such minimum, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be pun- 
ished by a fine of not less than fifty dollars, or by imprison- 
ment for not less than thirty days, or by both such fine and 
imprisonment. 

Sec. 12. In every prosecution for the violation of any pro- wage 
vision of this act, the minimum wage established by the com-pJ e ed 
mission as herein provided shall be prima facie presumed to sumed 

^ * x reason- 

be reasonable and lawful, and to be the living wage required able. 

herein to be paid to women and minors. The findings of fact 

made by the commission acting within its powers shall, in the 

absence of fraud, be conclusive ; and the determination made 

by the commission shall be subject to review only in a manner 

and upon the grounds following : Within twenty days from 

the date of the determination, any party aggrieved thereby 

may commence in the superior court in and for the city 

and county of San Francisco, or in and for the counties of 

Los Angeles or Sacramento, an action against the commission 

for review of such determination. In such action a complaint, 

which shall state the grounds upon which a review is sought. 



170 BUREAU OF LABOR STATISTICS. 

shall be served with the summons. Service upon the secre- 
tary of the commission, or any member of the commission, 
shall be deemed a complete service. The commission shall 
serve its answer within twenty days after the service of the 
complaint. With its answer, the commission shall make a 
return to the court of all documents and papers on file in the 
matter, and of all testimony and evidence which may have 
been taken before it, and of its findings and the determination. 
The action may thereupon be brought on for hearing before 
the court upon such record by either party on ten days' 
notice of the other. Upon such hearing, the court may con- 
firm or set aside such determination ; but the same shall be 
set aside only upon the following grounds : 

(1) That the commission acted without or in excess of its 
powers. 

(2) That the determination was procured by fraud. 
Upon the setting aside of any determination the court may 

recommit the controversy and remand the record in the case 
to the commission for further proceedings. The commission, 
or any party aggrieved, by a decree entered upon the review 
of a determination, may appeal therefrom within the time 
and in the manner provided for an appeal from the orders of 
the said superior court. 
Civil Sec. 13. Any employee receiving less than the legal mini- 

ac ion. mum wa g e applicable to such employee shall be entitled to 
recover in a civil action the unpaid balance of the full amount 
of such minimum wage, together with costs of suit, notwith- 
standing any agreement to work for such lesser wage. 
Com _ Sec. 14. Any person may register with the commission a 

plaints, complaint that the wages paid to an employee for whom a 
living rate has been established, are less than that rate, and 
the commission shall investigate the matter and take all pro- 
ceedings necessary to enforce the payment of a wage not less 
than the living wage. 
Biennial Sec. 15- The commission shall bienially make a report to 
report. th Q governor and the state legislature of its investigations 

and proceedings. 
Appro- Sec. 16. There is hereby appropriated annually out of the 
priation. moneys of the state treasury, not otherwise appropriated, the 
sum of fifteen thousand dollars, to be used by the commission 
in carrying out the provisions of this act, and the controller 
is hereby directed from time to time to draw his warrants on 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 171 

the general fund in favor of the commission for the amounts 
expended under its direction, and the treasurer is hereby 
authorized and directed to pay the same. 

Sec. 17. The commission shall not act as a board of arbi- Arbitra- 
tration during a strike or lock-out. tlon- 

Sec. 18. (a) Whenever this act, or any part or section inter- 
thereof, is interpreted by a court, it shall be liberally con- S^f" 
strued by such court. 

(6) If any section, subsection, or subdivision of this act 
is for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of this 
act. The legislature hereby declares that it would have 
passed this act, and each section, subsection, subdivision, sen- 
tence, clause and phrase thereof, irrespective of the fact that 
any one or more sections, subsections, subdivisions, sentences, 
clauses or phrases is declared unconstitutional. 

Sec. 19. The provisions of this act shall apply to and Appiica- 
include women and minors employed in any occupation, trade tlon ' 
or industry, and whose compensation for labor is measured 
by time, piece or otherwise. 

CHAPTER 333. 
Advertisements during strikes, etc. 

An act to regulate advertisements and solicitations for em- 
ployees during strikes, lockouts and other labor troubles. 

[Approved June 7, 1913.] 
The people of the State of California do enact as follows: 

Section 1. If any person, firm, or corporation, acting Adver- 
either for himself, or itself, or as the agent of another person, fQ S r mg 
firm, or corporation, during the continuance of a strike, lock- ^.^ 
out, or other labor trouble among his, or its employees, or strikes. 
among the employees of the person, firm, or corporation, for 
whom he, or it is acting, advertises for employees in the news- 
papers, or by posters, or otherwise, or solicits persons to work 
for him, or the persons, firm, or corporation, for whom he is 
acting, in the place of the strikers, he shall plainly and 
explicitly mention in such advertisements, or oral or written 
solicitations, that a strike, lockout or other labor disturbance 
exists ; provided, that the foregoing provisions shall not apply 
to advertisements or solicitations published solely or made 



172 BUKEAU OF LABOR STATISTICS. 

within the same city or locality where the strike, lockout or 
other labor disturbance exists. 
Penalty. Sec. 2. If any person, firm, association or corporation vio- 
lates any provisions of this act, he or it shall be punished by 
a fine not less than twenty-five dollars and not exceeding two 
hundred and fifty dollars for each offense. 

CHAPTER 350. 
Blacklisting. 

An act to amend the Penal Code of the State of California by 
adding thereto a new section to be numbered 653e, rela- 
ting to blacklisting. 

[Approved June 12, 1913.] 
The people of the State of California do enact as follows: 
Section 1. There is hereby added to the Penal Code of 
the State of California a new section to be numbered section 
653e and to read as follows : 
Black- 653e. Any person, firm or corporation, or officer or director 
pro- 118 of a corporation, or superintendent, manager or other agent of 
lnbited. suc j 1 p erson? fi rm or corporation who, after having discharged 
an employee from the service of such person, firm or corpora- 
tion or after having paid off an employee voluntarily leaving 
such service, shall, by word, writing or any other means what- 
soever, misrepresent and thereby prevent or attempt to pre- 
vent such former employee from obtaining employment with 
any other person, firm or corporation, shall be punished by a 
fine not exceeding two thousand dollars and shall be liable in 
treble damages to any such employee sustaining damages 
through a violation of this section. Any person, firm or cor- 
poration who shall knowingly cause, suffer or permit an 
agent, superintendent, manager or other employee in his or 
its employ to commit a violation of this section, or who shall 
fail to take all reasonable steps within his or its power to 
prevent such violation of this act, shall be guilty of a viola- 
tion of the provisions of this section and be subject to the pen- 
alty hereinbefore provided. Nothing in this section shall be 
construed to prevent an employer as hereinbefore defined or 
an agent, employee, superintendent or manager of such em- 
ployer to furnish, upon special request therefor, a truthful 
statement concerning the reason for the discharge of au 
employee or who an employee voluntarily left the service of 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 173 

the employer ; provided, however, that if such statement shall 
in connection therewith furnish any mark, sign or other 
means whatever conveying information different from that 
expressed by words therein, such fact, or the fact that such 
statement or other means of furnishing information was given 
without a special request therefor, shall be prima facie evi- 
dence of a violation of the provisions of this section. 



CHAPTER 352. 

Eight-hour law for women. 

An act to amend an act entitled ""An act limiting the hours 
of labor of females employed in any manufacturing, mechan- 
ical or mercantile establishment, laundry, hotel, or res- 
taurant, or telegraph or telephone establishment or office, 
or by any express or transportation company; compelling 
each employer in any manufacturing, mechanical, or mer- 
cantile establishment, laundry, hotel or restaurant, or other 
establishment employing any female, to provide suitable 
seats for all female employees and to permit them to use 
such seats when they are not engaged in the active duties 
of their employment ; and providing a penalty for failure, 
neglect, or refusal of the employer to comply with the 
provisions of this act, and for permitting or suffering any 
overseer, superintendent, foreman or any other agent of 
any such employer to violate the provisions of this act, ,y 
approved March 22, 1911. 

The people of the State of California do enact as follows: 

Section 1. An act entitled "An act limiting the hours of 
labor of females employed in any manufacturing, mechanical 
or mercantile establishment, laundry, hotel, or restaurant, or 
telegraph or telephone establishment or office, or by any ex- 
press or transportation company ; compelling each employer 
in any manufacturing, mechanical or mercantile establish- 
ment, laundry, hotel or restaurant, or other establishment 
employing any female, to provide suitable seats for all female 
employees and to permit them to use such seats when they 
are not engaged in the active duties of their employment ; and 
providing a penalty for failure, neglect, or refusal of the em- 
ployer to comply with the provisions of this act, and for 
permitting or suffering any overseer, superintendent, foreman 



174 



BUREAU OF LABOR STATISTICS. 



Hours 



Enforce- 
ment. 



Penalty, 



or other agent of any such employer to violate the provisions 
of this act," approved March 22, 1911, is hereby amended to 
read as follows : 

Section 1. No female shall be employed in any manu- 
facturing, mechanical or mercantile establishment, laundry, 
hotel, public lodging house, apartment house, hospital, place 
of amusement, or restaurant, or telegraph or telephone estab- 
lishment or office, or by any express or transportation com- 
pany in this state more than eight hours during any one day 
or more than forty-eight hours in one week. The hours of 
work may be so arranged as to permit the employment of 
females at any time so that they shall not work more than 
eight hours during the twenty-four hours of one day, or forty- 
eight hours during any one week ; provided, however, that the 
provisions of this section in relation to hours of employment 
shall not apply to nor affect the harvesting, curing, canning 
or drying of any variety of perishable fruit or vegetable, nor 
to graduate nurses in hospitals. 

Sec. 2. Every employer in any manufacturing, mechanical 
or mercantile establishment, laundry, hotel, or restaurant, or 
other establishment employing any female, shall provide suit- 
able seats for all female employees, and shall permit them to 
use such seats when they are not engaged in the active duties 
of their employment. 

Sec. 3. The bureau of labor statistics shall enforce the 
provisions of this act. The commissioner, his deputies and 
agents, shall have all powers and authority of sheriffs or other 
peace officers, to make arrests for violations of the provisions 
of this act, and to serve all processes and notices thereunder 
throughout the state. 

Sec. 4. Any employer who shall permit or require any 
female to work in any of the places mentioned in section one 
more than the number of hours provided for in this act dur- 
ing any day of twenty-four hours, or who shall fail, neglect, 
or refuse to so arrange the work of females in his employ so 
that they shall not work more than the number of hours pro- 
vided for in this act during any day of twenty-four hours, or 
who shall fail, neglect, or refuse to provide suitable seats as 
provided in section two of this act, or who shall permit or 
suffer any overseer, superintendent, foreman, or other agent 
of any such employer to violate any of the provisions of this 
act, shall be guilty of a misdemeanor, and upon conviction 



LABOR LAWS — STATUTES NINETEEN THIRTEEN. 175 

thereof shall be punished for a first offense, by a fine of not 
less than twenty-five dollars nor more than fifty dollars ; for 
a second offense, by a fine of not less than one hundred dol- 
lars nor more than two hundred and fifty dollars ; or by 
imprisonment for not more than sixty days, or by both such 
fine and imprisonment. All fines imposed and collected under 
the provisions of this act shall be paid into the state treasury 
and credited to the contingent fund of the bureau of labor 
statistics. 

CHAPTER 368. 
Telephones in Mines. 
An act providing for the establishment and maintenance of a 

telephone system in mines and prescribing a penalty for 

the violation thereof. 

[Approved June 13, 1913.] 
The people of the State of California do enact as follows: 

Section 1. In all mines operated and worked in this state Teie- 
where a depth of more than five hundred feet underground system. 
has been reached, a telephone system must be established, 
equipped and maintained by the owners or lessees thereof 
with stations at each working level below the depth afore- 
said, communicating with a station thereof on the surface of 
any such mine. 

Sec. 2. The failure or refusal of any owner or lessee to 
install or maintain such telephone system shall be deemed 
guilty of misdemeanor and punished accordingly. 

CHAPTER 561. 

Industrial Accident Commission. 

An act to confer upon the industrial accident commission all 
of the duties, liabilities, authority, powers and privileges 
conferred and imposed by law upon the industrial accident 
board, abolishing the industrial accident board and pro- 
viding for a transfer of its funds to the credit of the 
industrial accident commission. 

[Approved June 16, 1913.] 
The people of the State of California do enact as follows: 

Section 1. Upon the organization of the industrial acci- Certifl . 
dent commission, the commission shall file in the office of the cate - 



176 BUBEAU OF LABOR STATISTICS. 

secretary of state its certificate setting forth that the com- 
mission has been organized as provided by law. 

Sec. 2. Upon the filing of the certificate required by sec- 
tion one hereof, the industrial accident commission shall 
supersede the industrial accident board and all duties, liabil- 
ities, authority, powers, and privileges conferred and imposed 
by law upon the industrial accident board shall thereupon 
devolve upon the industrial accident commission and shall 
thereafter be exercised and performed by the industrial acci- 
dent commission in the same manner and with the same force 
and effect as if exercised and performed by the industrial 
accident board, and the said industrial accident board shall 
thereupon cease to exist. 
Unex- Sec. 3. Upon the filing of the certificate required by sec- 

ba?ances. tion one hereof, all unexpended balances of moneys appropri- 
ated by law for the support, maintenance or use of the indus- 
trial accident board shall be placed to the credit of the 
industrial accident commission by the state controller and 
the controller is hereby authorized to draw his warrant from 
time to time in favor of the industrial accident commission 
for the amount of such unexpended balance expended under 
its direction, and the treasurer is hereby authorized and 
directed to pay the same. 



LABOR LAWS DIGEST. 177 



DIGEST OF APPRENTICE LAWS. 



Who may indenture. — A minor of fourteen years of age or over 
may be bound by his father, or by his mother or guardian in case 
of the father's death or incompetency, or where the father has wil- 
fully abandoned his family, for one year without making suitable 
provision for their support, or is habitually intemperate or is a 
vagrant ; but an executor who by the will of the father is directed 
to bring up the child to a trade or calling ; by the mother alone if 
the child is illegitimate ; or by the judge of the superior court if 
the minor is poor, homeless, chargeable to the county or state, or 
an outcast who has no visible means of obtaining an honest liveli- 
hood. If a minor has no parent or guardian competent to act he 
may, with the approval of the superior court, bind himself. The 
minor's consent must be expressed in the indenture and testified 
to by his signing the same. 

Term. — A male may be bound until twenty-one and a female until 
eighteen years of age. 

Duty of master. — The master must in the case of an orphan or 
homeless minor cause the apprentice to be taught reading, writing, 
and the ground rules of arithmetic, including ratio and proportion, 
must give him the requisite instruction in the different branches of 
his trade, and, at the expiration of his term of service, must give 
him $50 in gold and two new suits of cloths to be worth in the 
aggregate at least $60. In all cases the master must pay and 
deliver to the apprentice the money, clothes, and other property to 
which he is entitled under the indenture. 

Interference. — It is unlawful to aid, entice, counsel, or persuade 
an apprentice to run away, or to employ, harbor, or conceal him, 
knowing him to be a runaway. 

Sources : Civil Code, sections 264 to 276 ; Penal Code, section 
646. 



12— LL. 



178 BUREAU OF LABOR STATISTICS, 

DIGEST OF MECHANICS' LIENS LAWS. 



For what given. — A lien may be had to secure payment for labor 
performed or materials furnished in or for the construction, altera- 
tion, addition to, or repair of, any building or other structure ; on 
any railroad, vessel, wharf, bridge, ditch, flume, well, tunnel, fence, 
machinery, wagon road, mine, or mining claim ; for labor done in, 
with, about, or upon any threshing machine, engine, wagon, or other 
appliance used in threshing machine, engine, wagon, or other 
appliance used in threshing ; for cutting, hauling, rafting, or draw- 
ing logs, bolts, or other timber ; for grading or improving any town 
lot or the street or sidewalks in front of or adjoining the same ; for 
labor or skill expended for the improvement or safe-keeping of any 
article of personal property ; and for service on vessels. 

Who may have lien. — Contractors, subcontractors, material men, 
and all persons performing manual labor ; mates and seamen of a 
ship ; laundry proprietors. 

Subject property. — The land upon which any building or improve- 
ment is constructed, or so much as may be required for convenient 
use and occupation, is subject to the lien, if owned by the person 
causing such construction at the commencement of the work, but 
only to the extent of his interest ; vessels and their freightage ; 
threshing machines, engines, wagons, etc. ; logs and other timber ; 
personal property lawfully in the hands of any mechanic, repair 
man, or caretaker ; laundry work. 

Amount of lien. — In general, for the value of the labor done and 
material furnished. A contractor's lien secures the amount named 
in the contract, such lien to operate in favor of all parties claiming 
recovery. No lien, except that of the contractor, may be diminished 
by any indebtedness or set-off in favor of the owner and against 
the contractor. 

Contract. — Contracts involving a sum exceeding $1,000 must be 
in writing and must be filed in the office of the county recorder. 
Work must be done at the instance of the owner or of his agent, 
which term includes every contractor, subcontractor, architect, 
builder, or any person in charge of any mining claim or claims, 
whether as lessee or otherwise. 

Work will be presumed to have been done at the instance of the 
owner, unless within three days after he obtains knowledge of the 
fact that such work is begun or intended he gives notice that he 
will be responsible for the same. 



LABOR LAWS — DIGEST. 179 

Notice. — Notice may be given at any time by any claimant other 
than an original contractor, whereupon it shall be the owner's duty 
to withhold from the contractor an amount equal to the claim made. 
Personal property held under lien, may be sold after two months 
on ten days' notice. 

jFtZtn^.— Withing ten days after the completion of a contract, or 
within forty days after cessation from labor on any unfinished 
contract, the owner must file a notice setting forth dates and 
descriptions of property, work done, etc., or be estopped from 
making the defense that any lien was filed after the expiration of 
the time fixed. Every original contractor has sixty days, and other 
claimants have thirty days, after the filing of the above notice by 
the owner, in which to file liens. Liens on mining claims and city 
lots must be filed within thirty days after the completion of the 
work. All claims of lien must be filed ninety days after the 
completion of the work for which they are claimed. 

Limitation. — No lien binds any building, improvement, or mining 
claim for longer than ninety days after filing unless proceedings 
thereon have been commenced ; or if a credit be given, within ninety 
days after such credit expires, which may in no case be longer than 
one year from the time the work was completed. Threshers' liens 
must be proceeded on within ten days and lumbermen's liens within 
thirty days after the completion of the labor for which claim is 
made. Liens on vessels continue for one year. 

Rank. — Mechanics' liens are preferred to any lien or other incum- 
brance attaching subsequently to the commencement of the work 
for which given ; also to any earlier incumbrance of which the lien- 
holder had no notice and which was unrecorded at such commence- 
ment of work. Such liens have, among themselves, the following- 
rank, and require satisfaction in the order named : First, liens of 
persons performing manual labor ; second, liens of persons furnish- 
ing materials ; third, liens of subcontractors ; fourth, liens of orig- 
inal contractors. Liens on vessels are prior to all other claims. 

Sources: Constitution; Code of Civil Procedure, sections 813 to 
825, 1183 to 1202 ; Civil Code, sections 3051 to 3065. 



180 BUREAU OF LABOR STATISTICS. 

DIGEST OF CONVICT LABOR LAWS. 



Control. — A board of five directors appointed by the governor is 
charged with the management of the state prison and the employ- 
ment of convicts. Monthly inspections by at least three directors 
are directed. 

Boards of county supervisors have jurisdiction of the employment 
of county convicts. 

Systems of employment. — The public-account, state-use, and pub- 
lic-works-and-ways systems are adopted. The letting of contracts 
for prison labor is forbidden. 

Regulations. — The manufacture of jute fabrics, the crushing of 
rock for road material, and the manufacture of such articles, 
materials and supplies needed in any public institution of the state 
or political subdivision thereof are provided for. At least twenty 
convicts must be employed on the public roads at the state prisons. 

Prison rules prescribe the number of hours of labor required in 
each and every day during a convict's term of imprisonment. 

Punishments may be inflicted only by the order and under the 
direction of wardens. 

Discharged prisoners receive their earnings, if any, and if this 
sum is not sufficient for present needs, each one receives $5, a suit 
of clothing, and transportation to the place of sentence or other 
place of equal cost of travel. 

County convicts may be employed on public works and ways, or 
in other places for the benefit of the county. 

Goods. — No convict-made goods may be sold in the state except 
those whose sale is specially sanctioned by law. 

The sale of jute and hemp grain bags is at a price fixed by the 
prison directors on a basis prescribed by statute. 

Crushed rock is sold on orders for highway and other purposes, 
at a price of not less than 30 cents per ton, preference being given 
to orders from the state bureau of highways. 

Manufactured articles, materials and supplies to be sold to public 
institutions at prices to be fixed by prison directors and board of 
examiners. 

Sources: Constitution; Penal Code, sections 679a, 1613, 1614, 
pages 890-896 ; acts of 1907, chapters 317, 473 ; acts of 1911, chap- 
ter 56. 



LABOR LAWS — DECISIONS. 181 

DECISION UPHOLDING THE CONSTITUTIONALITY OF 
THE CHILD LABOR LAW. 

Supreme Court of California, July 9, 1906. 
(In Bank. Crim. No. 1322.) 

IN THE MATTER OF THE ) 

APPLICATION OF J. M. SPENCER - 

FOR A WRIT OF HABEAS CORPUS. ) 

The petitioner was arrested and confined upon a charge of vio- 
lating sections 2 and 4 of the act of February 20, 1905. regulating 
the employment and hours of labor of children and prohibiting the 
employment of illiterate minors and of minors under certain ages. 
(Stats. 1905, p. 11.) The return to the preliminary writ shows 
that the petitioner was arrested and taken into custody upon four 
several complaints, relating to four different children, each com- 
plaint charging him with employing a child under fourteen years 
of age in the workshop and boiler-room of a steamer, the child not 
then having a permit to work from the judge of the juvenile court 
of the county, and the time of such employment not being the time 
of the vacation of the public schools. 

The second clause of section 2 of the act provides that no child 
under fourteen years of age shall be employed in any mercantile 
institution, office, laundry, manufactory, workshop, restaurant, 
hotel, or apartment house, or in the distribution or transmission of 
merchandise or messages; provided, that upon the sworn statement 
of the parent that the child is over twelve years of age and that the 
parent or parents are unable, from sickness, to labor, the judge of 
the juvenile court, in his discretion, may issue a permit allowing 
such child to work for a specific time; and provided, further, that 
during the time of the regular vacation of the public schools of the 
city or county, any child over twelve years of age may work at any 
of the prohibited occupations, upon a permit from the principal of 
the school attended by the child during the immediately preceding- 
term. Section 4 of the act declares that a violation of any of the 
provisions of the act shall be a misdemeanor. The complaints 
charge violation of these provisions. 

Several objections on constitutional grounds are made to the 
validity of the act. It is claimed that it is special law for the pun- 
ishment of crime, where a general law could be made applicable, 
and therefore, contrary to sections 2 and 33 of article IV of the 



182 BUREAU OF LABOR STATISTICS. 

constitution of California; that it is not of uniform operation, but 
is discriminatory ; and hence in conflict with sections 11 and 21 of 
article I ; and that it would deprive persons of the right to acquire 
and possess property, thus violating section 1 of article I of the 
state constitution and the Fourteenth Amendment to the constitu- 
tion of the United States. 

The presumption always is that an act of the legislature is con- 
stitutional, and when this depends on the existence, or non-existence, 
of some fact, or state of facts, the determination thereof is pri- 
marily for the legislature, and the courts will acquiesce in its 
decision, unless the error clearly appears. (Bourland vs. Hildreth, 
26 Cal. 184 ; University vs. Bernard, 57 Cal. 612 ; In re Madera Irr. 
Dist., 92 Cal. 310 ; Sinking Fund Cases, 99 U. S. 718 ; Tiedman on 
Police Power, Vol. I, p. 10, note; Cooley, Const, him., 7th ed., 228.) 

"Every possible presumption is in favor of the validity of a 
statute, and this continues until the contrary is shown beyond a 
rational doubt. One branch of the government can not encroach on 
the domain of another without danger. The safety of our institu- 
tions depends in no small degree on a strict observance of this 
salutary rule." (Sinking Fund Cases, supra.) 

"The delicate act of declaring an act of the legislature uncon- 
stitutional and void should never be exercised unless there is a 
clear repugnance between the statute and the organic law. * * * 
In a doubtful case the benefit of the doubt is to be given to the 
legislature ; but it is to be remembered that the doubt to which this 
rule of construction refers is a reasonable doubt as distinguished 
from vague conjecture or misgivings." (Bourland vs. Hildreth, 
supra.) 

From their tender years, immature growth, and lack of experi- 
ence and knowledge, minors are more subject to injury from exces- 
sive exertion and less capable of self-protection than adults. They 
are therefore peculiarly entitled to legislative protection, and form 
a class to which legislation may be exclusively directed without 
falling under the constitutional prohibitions of special legislation 
and unfair discrimination. 

The first objection to the validity of the part of the section above 
stated is that it is discriminatory and specially because it does not 
prohibit such employment of minors in all occupations, but only 
in those specially mentioned ; that work at other places, of which 
saloons, barber shops, railroads, ferries, and warehouses are specified 
by counsel as instances, would be equally injurious, and that in 
order to be general and uniform they should be included in the 



LABOR LAWS — DECISIONS. 183 

prohibition. The objection is twofold : first, that the legislation 
constitutes an unfair discrimination against the particular trades 
mentioned ; second, that it unduly and without reasonable cause 
restricts the right of minors to work at any and every occupation 
in which they may wish to engage. There is nothing in the act to 
indicate a purpose on the part of the legislature to make use of the 
laudable object of protecting children as a mere pretense under 
which to impose burdens upon some occupations or trades and 
favor others. It appears to have been framed in good faith and 
for the purpose of promoting the general welfare by protecting 
minors from injury by overwork and facilitating their attendance at 
schools. The legislature may undoubtedly forbid the employment of 
children under the age of fourteen years at any regular occupation 
if the interests of the children and the general welfare of society 
will be thereby secured and promoted. The power to forbid their 
employment in certain occupations and not in all depends on the 
question whether or not any appreciable number of children are 
employed in the callings not forbidden, and whether or not those 
callings are injurious to them, or less injurious than those forbid- 
den. If certain occupations are especially harmful to young chil- 
dren and others are not so, there can be no serious doubt that it is 
within the power of the legislature to forbid their employment in 
one class and permit it in the other. The difference in the results 
would justify the classification with a view to the difference in the 
legislation. Also, if children are employed in certain occupations 
to their injury and are not employed at all in others, or so infre- 
quently that the number is inappreciable and insignificant, the 
occupations regularly employing them have no ground to complain 
of discrimination. They compose the entire class to which the 
legislation is directed, the class which causes the injury to be pre- 
vented. And upon the facts assumed neither the children engaged 
in the occupation in which they are employed nor the persons would 
be affected by the prohibition as to other occupations. The pre- 
liminary questions as to the effect of the specified occupations on 
the children and the number of children engaged therein, are ques- 
tions of fact for the legislature to ascertain and determine. It has 
determined that the facts exist to authorize the particular legisla- 
tion. If any rational doubt exists as to the soundness of the legis- 
lative judgment upon the existence of the facts, that doubt must be 
resolved in favor of the legislative action and the law must accord- 
ingly be held to be valid in these respects. The specifications of 
forbidden callings are broad and comprehensive. Even if these, 



184 BUREAU OF LABOR STATISTICS. 

which as counsel assert, are omitted from the classification, we 
can not say that a saloon is not a "mercantile institution," it being 
a place where merchandise is sold ; nor that a barber shop is not a 
"workshop," it being a place where a handicraft is carried on ; nor 
that ferries and railroads are not engaged in the "distribution or 
transmission of merchandise or messages." At all events, in view 
of the rule that a statute must be liberally construed to the end 
that it may be declared constitutional rather than unconstitutional 
{People vs. Hayne, 83 Cal. 117; 26 Am. & Eng. Encyc. of Law, 
640), we would not give the description of forbidden occupations 
this narrow construction in order to make the law invalid. The 
decision of the legislature that the specified occupations are more 
injurious to children than others not mentioned and hence the sub- 
ject of special regulation, and that they constitute practically all 
the injurious occupations in which children are employed at all, 
and therefore the only cases in which regulation is needed, is not 
so manifestly incorrect, not so beclouded with doubt concerning its 
accuracy, as to justify the court in declaring it unfounded and the 
law, consequently, invalid. 

There is a proviso to this clause of the section, to the effect that 
if either parent of such child makes a sworn statement to the judge 
of the juvenile court of the county, that the child is over twelve 
years of age, and that the parent or parents are unable, from 
sickness, to labor, such judge, in his discretion, may issue a permit 
allowing such child to work for a time to be specified therein. 
There is no force to the objection that this discriminates against 
orphans and abandoned children. The exception allowed by the 
proviso is not made for the direct benefit of the child, but for the 
sick parent. It is a burden put upon the child because of the 
special necessity of his case which justifies the different provision 
respecting him. The legislature deems the necessity of allowing 
the child to work to aid in the support of the sick parent, sufficient 
to outweigh the benefits which would otherwise accrue from the 
education and protection of the child during such inability. If 
there are no parents whose necessities the child's labor could alle- 
viate, the reason for this exception is wanting. The provision 
seems a reasonable one in Mew of the conditions upon which, alone, 
it can apply. 

There is a further proviso or exception, to the effect that any 
child over twelve years old may work at the prohibited occupations 
during the time of the regular vacations of the public schools of 
the city or county, upon a permit from the principal of the school 



LABOR LAWS — DECISIONS. 185 

attended by the child during the term next preceding such vaca- 
tion. This does not, as counsel contends, give the principals of the 
public schools the exclusive power to give the contemplated permits. 
Its true meaning is that the permit is to be given by the principal 
of the school which the child has attended, whether the school is 
public or private, but that it can extend only to the time of the 
public school vacation. This act was approved February 20, 1005. 
Its provisions relating to attendance upon schools, and those of 
section 1 of the act of March 24, 1903 (Stats. 1903, 388), with 
the amendment of March 20, 1905 (Stats. 1905, 388), to said sec- 
tion 1 must be considered together. The act of 1903, in effect, 
requires all children to attend, either the public schools, or a private 
school, during at least five months of the time of the sessions of the 
public schools. The amendment of March 25, 1905, extends the 
time of such compulsory attendance so as to embrace the whole 
period of the public school session. Therefore, if the parents, 
guardians, or custodians of a child choose to send it to a private 
school, it must attend thereon at least during the time the public 
schools are in session. A permit inay then be obtained for it to 
work during the vacation of the public schools, if its interests or 
necessities so require, without subjecting it to conditions substan- 
tially different from those affecting the children attending the public 
schools. There is no discrimination. The legislature has the power 
to make such reasonable regulations as these with respect to the 
time of the vacation of schools, whether public or private, in the 
interest of the public welfare and the welfare of the children. 

A third clause of section 2 declares that no child under sixteen 
years of age shall work at any gainful occupation during the hours 
that the public schools are in session, unless such child can read 
English at sight and write simple English sentences, or is attend- 
ing night school. The first clause of section 2 provides that no 
minor under sixteen shall work in any mercantile institution, office, 
laundry, manufacturing establishment, or workshop, between ten 
o'clock in the evening and six o'clock in the morning. Section 5 
of the act further provides that nothing in the act is to be con- 
strued to prevent the employment of minors at agricultural, viticul- 
tural, horticultural or domestic labor, during the time the public 
schools are not in session, or during other than school hours. The 
petitioner's contention with respect to the first and last clause of 
section 2 is that they constitute such important parts of the statute 
that it can not be presumed that the legislature would have adopted 
the other parts thereof if it had been aware of the invalidity of 



186 BUREAU OF LABOR STATISTICS. 

these particular provisions and hence the whole act must fall. We 
can not accede to this proposition. They are separable and inde- 
pendent provisions and are not so important to the entire scheme 
as to justify us in concluding* that the legislature would have 
refused to adopt the other parts without these, and thereby to 
declare the entire statute invalid. 

Nor can it be conceded that these provisions are invalid. The 
principles already discussed apply with equal force to the first 
clause of the section. The proviso concerning illiterate children is 
a reasonable regulation to prevent those having control of such 
children from working them to such an extent as to hinder them 
from acquiring, or endeavoring to acquire, at least the beginning of 
an education before arriving at the age of sixteen years. The 
exemption of domestic labor and the several kinds of farming from 
the operation of the act is not an unreasonable discrimination. 
Such work is generally carried on at the home and as a part of 
that general home industry which should not be too much dis- 
couraged, and it is usually under the immediate care and super- 
vision of the parents or those occupying the place of parents, and 
hence is not liable to cause so much injury. These circumstances 
distinguish them from the prohibited industries and is a sufficient 
reason for the exemption. 

We find no reasonable ground for declaring the law invalid. 

The petition is denied and the petitioner remanded to the custody 
of the officer. 

SHAW, J. 

We concur : 

Sloss, J. ; Angellotti, J. ; Lorigan, J. ; Beatty, C. J. 
McFarland, J., concurring: 

I concur in the judgment, and in what is said by Mr. Justice 
Shaw in his opinion ; but I do not concur in some of the quota- 
tions which he makes from other cases, and particularly in that 
quotation in which it is stated that the presumption in favor of 
the validity of the statute "continues until the contrary is shown 
beyond a rational doubt." That is, in my opinion, too strong a 
statement of a rule. 

McFARLAND, J. 



LABOR LAWS — DECISIONS. 187 

DECISION UPHOLDING THE CONSTITUTIONALITY 
OF SECTION 273, PENAL CODE. 

Supreme Court of California, July 9, 1906. 
(In Bank. Crim. No. 1331.) 

IN THE MATTER OF THE ) 

APPLICATION OP HENRY WEBER I 

FOR A WRIT OF HABEAS CORPUS. ) 

The petitioner was arrested and confined for an alleged violation 
of section 273 of the Penal Code. The return shows that he is in 
custody upon separate complaints relating to different children. 
Each complaint charges that the defendant did wilfully and unlaw- 
fully take, receive, hire, employ and use a certain male child, 
naming him, under the age of sixteen years, in the business of 
scaling the boilers of a steamer, the said business being then and 
there dangerous to the life and limb of said child. The petition 
for a writ of habeas corpus is based upon the proposition that the 
law under which the complaint was made is unconstitutional and 
void. Section 273 refers to the preceding section 272, and it is 
necessary to state the substance, at least of both sections. 

Section 272, so far as material, is as follows: "Any person 
* * * having the care, custody, or control of any child under 
the age of sixteen years, who exhibits, uses, or employs, or in any 
manner, or under any pretense, sells, apprentices, gives away, lets 
out, or disposes of any such child to any person, * * * for or 
in any business, exhibition, or vocation, injurious to the health, or 
dangerous to the life or limb of such child, or in or for the vocation, 
occupation, service, or purpose of singing, playing on musical instru- 
ments, rope or wire walking, dancing, begging, or peddling, or as a 
gymnast, acrobat, contortionist, or rider, in any place whatsoever, 
or for or in any obscene, indecent or immoral purposes, exhibition 
or practice whatsoever, or for or in any mendicant or wandering 
business whatsoever, or who causes, procures, or encourages such 
child to engage therein, is guilty of a misdemeanor. * * * 
Nothing in this section contained applies to or affects the employ- 
ment or use of any such child, as a singer or musician in any 
church, school, or academy, or the teaching or learning of the 
science or practice of music ; or the employment of any child as a 
musician at any concert or other musical entertainment, on the 
written consent of the mayor of the city or president of the board 
of trustees of the city or town where such concert or entertainment 
takes place." (Stats. 1905, p. 759.) 



188 BUREAU OF LABOR STATISTICS. 

Section 273 is as follows : "Every person who takes, receives, 
hires, employs, uses, exhibits, or has in custody, any child under 
the age, and for any of the purposes mentioned in the preceding- 
section,, is guilty of a like offense and punishable by a like pun- 
ishment as therein provided." (Stats. 1905, p. 759.) 

The contention of the petitioner is that these provisions contain 
an arbitrary and unreasonable classification, and, consequently, not 
of uniform operation, and that it constitutes a special law for the 
punishment of crimes, where a general law could be made applicable. 
It is said that only a certain portion of the minor children 
of the state are affected by the act, namely, those who are under 
sixteen years of age, and that this is an arbitrary discrimination 
between those who are over that age and those who are under 
that age ; that any child over the age may enjoy his natural 
privilege of working for his own support as he pleases, while those 
under that age are prohibited therefrom. There is no sound reason 
for any such criticism. The same reasoning might be applied to a 
large number of laws which are universally conceded to be valid 
and constitutional. The law providing that a male person under 
twenty-one years of age is a minor, subject to the legal disabilities 
of minority, might be rendered unconstitutional by the same process 
of reasoning. It is competent for the legislature to provide regula- 
tions for the protection of children of immature years. The growth 
of a child is gradual and the age of maturity varies with different 
children. It is impossible for any person to fix the exact time when 
a child is capable of protecting itself. The legislative judgment in 
regard to the age at which such regulations shall become applicable 
to the child can not be interfered with by the courts. 

It is also stated that the law makes an unfair discrimination by 
allowing the employment of children as singers or musicians in 
churches, schools, or academies. The ground of this objection is 
that such employment, so far as the court can see, may be as 
injurious to the health or morals or as dangerous to the life or limb 
of the child as those which are prohibited in the law, and that no 
prohibition is lawful under the constitution unless it extends to all 
employments which are equally injurious. In matters of this kind 
the legislature has large discretion. It must determine the degree 
of injury to health and morals which the different kinds of employ- 
ment inflict upon the child, and the corresponding necessity for 
protecting the child from the effects thereof, and unless its decision 
in that regard is monifestly unreasonable, there is no ground for 
judicial interference. We do not think the law in question so 
unreasonable as to require us to hold it unconstitutional. 



LABOR LAWS — DECISIONS. 189 

The petition is denied and the petitioner is remanded to the 
custody of the officer. 

SHAW, J. 
We concur : 

Sloss, J. ; Akgellotti, J. ; Henshaw, J. ; McFarland, J. ; 
Lorigan, J. ; Beatty, C. J. 



190 BUREAU OF LABOR STATISTICS. 

DECISION UPHOLDING THE CONSTITUTIONALITY OF 

THE EIGHT-HOUR LAW IN UNDERGROUND 

MINES AND SMELTERS. 

Supreme Court of California, December 23, 1909. 
(In Bank. Crim. No. 1539.) 

IN THE MATTER OP THE 

APPLICATION OP FRED J. MARTIN 

FOR A WRIT OF HABEAS CORPUS. 

Sloss, J. Upon the application of Fred J. Martin, a writ of 
habeas corpus was issued by this court. Martin has been arrested 
upon a charge of violating the terms of a statute entitled "An act 
regulating the hours of employment in underground mines and in 
smelting and reduction works" (Stats. 3909, p. 279, chap. 181), 
approved March 10, 1909. The provisions of the act are as follows : 

Section 1. That the period! of employment for all persons who 
are employed or engaged to work in underground mines in search of 
minerals, whether base or precious, or who are engaged in such 
underground mines for other purposes, or who are employed or 
engaged in other underground workings whether for the purpose of 
tunneling, making excavations or to accomplish any other purpose 
or design, or who are employed in smelters and other institutions 
for the reduction or refining of ores or metals, shall not exceed eight 
hours within any twenty-four hours, and the hours of employment 
in such employment or work day shall be consecutive, excluding, 
however, any intermission of time for lunch or meals; provided, that 
in the case of emergency where life or property is in imminent 
danger, the period may be a longer time during the continuance of 
the exigency or emergency. 

Sec. 2. Any person who shall violate any provision of this act, 
and any person who as foreman, manager, director or officer of a 
corporation, or as the employer or superior officer of any person, 
shall command, persuade or allow any person to violate any pro- 
vision of tliis act, shall be guilty of a misdemeanor and upon con- 
viction shall be punished by a fine of not less than fifty dollars 
($50.00) nor more than three hundred dollars ($300.00), or by 
imprisonment of not more than three months. And the court shall 
have discretion to impose both fine and imprisonment as herein 
provided. 

Sec. 3. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

It is not questioned by the petitioner that the complaint which 
furnished the basis for his arrest stated a violation of the terms of 
the act. His position is, however, that the act is void as being in 
contravention of constitutional provisions. 

The ground of attack usually advanced in cases of this character, 
namely, that the statute is in conflict with the guaranties of the 
fourteenth amendment to the constitution of the United States, is 
not here urged. Indeed, such contention is hardly open to the 



LABOR LAWS — DECISIONS. 191 

petitioner in view of the decision in Holden vs. Hardy, 169 U. S. 
366, 18 Sup. Ct. 383, 42 L. Ed. 780, where the Supreme Court 
of the United States decided that a statute of Utah, substantially 
identical in its main features with the one before us, did not deprive 
persons affected by it of any right conferred by the federal con- 
stitution. Conceding the binding force of that decision as an adju- 
dication of all federal questions involved, the petitioner here bases 
his claim to immunity from prosecution upon certain provisions 
of the constitution of this state. 

Before proceeding to a consideration of the particular points 
made in this connection, it may be well to briefly state the basis of 
the decision in Holden vs. Hardy, since, in our opinion, the points 
there decided go far toward answering the main objections predi- 
cated upon the state constitution. The right on the part of the 
state to restrict the freedom of citizens to make contracts concern- 
ing their callings or occupations was there upheld with respect to 
the particular callings covered by the Utah statute, i. e„ mining and 
working in smelting and reduction works, upon the ground that the 
restriction in question was a proper exercise of the police power for 
the preservation of the public health. "The right of contract," 
says the court, "is itself subject to certain limitations which the 
state may lawfully impose in the exercise of its police powers. 
While this power is inherent in all governments, it has doubtless 
been greatly expanded in its application during the past century, 
owing to an enormous increase in the number of occupations which 
are dangerous, or so far detrimental to the health of employees as 
to demand special precautions for their well-being and protection, 
or the safety of adjacent property. While this court has held 
* * * that the police power can not be put forward as an excuse 
for oppressive and unjust legislation, it may be lawfully resorted 
to for the purpose of preserving the public health, safety, or 
morals, or the abatement of public nuisances, and a large discretion 
is necessarily vested in the legislature to determine, not only what 
the interests of the public require, but what measures are necessary 
for the protection of such interests." Again, in the same opinion, 
it is said that : "While the general experience of mankind may 
justify us in believing that men may engage in ordinary employ- 
ments more than eight hours per day without injury to their 
health, it does not follow that labor for the same length of time is 
innocuous when carried on beneath the surface of the earth, where 
the operative is deprived of fresh air and sunlight, and is frequently 
subjected to foul atmosphere and a very high temperature, or to 



192 BUREAU OF LABOR STATISTICS. 

the influence of noxious gases, generated by the processes of refining 
or smelting." The right to limit the hours of labor generally was 
not involved in Holden vs. Hardy. No such right was asserted. It 
was, however, decided that the particular occupations affected by 
the act possessed such elements of danger and risk to the employee 
that the legislature might reasonably conclude that in such occupa- 
tions a restriction of the time of labor was necessary for the 
protection of those engaged in such labor. 

The limitations of the doctrine are well illustrated by the subse- 
quent decision in Lochner vs. New York, 138 U. S. 45, 25 Sup. Ct. 
539, 49 L. Ed. 937, in which the court, reversing the decision of the 
Court of Appeals of New York in People vs. Lochner, 111 N. Y. 
145, 69 N. E. 373, 101 Am. St. Rep. 773, declared invalid a law 
limiting the hours of labor of bakers. The real ground of that 
decision is, we think, to be found in the following extract from the 
opinion of Mr. Justice Peckham : "We think that there can be no 
fair doubt that the trade of a baker, in and of itself, is not an 
unhealthy one to that degree which would authorize the legislature 
to interfere with the right to labor, and with the right of free con- 
tract on the part of the individual, either as employer or employee." 
The decision in the Lochner case was by a bare majority of the 
court, but the majority itself recognized the correctness of the 
decision in Holden vs. Hardy and distinguished that case upon the 
ground that the callings involved in the two statutes were essen- 
tially different. 

It follows, from a comparison of these two decisions, that, in 
determining whether an act limiting the hours of labor in any 
occupation is in violation of the provisions of the federal consti- 
tution, the primary consideration is whether or not the occupation 
possesses such characteristics of danger, to the health of those 
engaged in it as to justify the legislature in concluding that the 
welfare of the community demands a restriction. 

And this brings us to the petitioner's contention that the act is 
violative of the provisions of the state constitution respecting special 
legislation. It is contended that the act violates subdivision 2 of 
section 25 of article 4, in that it is a special law for the punish- 
ment of a crime or misdemeanor created by said act ; that it violates 
subdivision 33 of said section, in that it is a special law passed in 
a case where a general law can be made applicable ; that it violates 
section 21 of article 1, in that it grants to citizens or classes of 
citizens privileges or immunities which are not, upon the same 
terms, granted to all citizens ; that it violates section 11 of article 1 



LABOR LAWS DECISIONS. 193 

as not being of uniform operation. These various specifications 
are in effect directed to the same point, namely, that the law 
arbitrarily selects for its operation a special class of persons. It 
is, we think, unnecessary at this date to cite many authorities in 
support of the proposition, that a law is not special or lacking in 
uniformity merely because it does not apply to every person or sub- 
ject within the state. "An act to be general in its scope need not 
include all classes of individuals in the state ; it answers the con- 
stitutional requirements if it relates to and operates uniformly upon 
the whole of any single class." Abeel vs. Clark, 84 Cal. 226, 24 
Pac. 383. The classification created for the purposes of legislation 
must, of course, be a reasonable one. The test of its propriety is 
well stated in City of Pasadena vs. Stimson, 91 Cal. 238, 27 Pac. 
604, where the court declared "that, although a law is general and 
constitutional when it applies equally to all persons embraced in a 
class founded upon some natural or intrinsic or constitutional dis- 
tinction, it is not general or constitutional if it confers particular 
privileges or imposes peculiar disabilities or burdensome conditions 
in the exercise of a common right upon a class of persons arbitrarily 
selected from the general body of those who stand in precisely the, 
same relation to the subject of the law." But in view of the 
decision in H olden vs. Hardy, based as it was upon the fact that the 
occupations covered by this act were so peculiarly dangerous as to 
justify special regulation, how can it be said that the legislature 
in selecting these occupations and applying to them provisions 
designed to protect the health of those engaged in them was making 
"a class of persons arbitrarily selected from the general body of 
those who stand in precisely the same relation to the subject of the 
law?" The very grounds which led the supreme court of the 
United States to hold that the Utah statute did not deprive any 
person of life, liberty, or property without due process of law, nor 
deny to any person the equal protection of the laws, requires the 
conclusion that the legislation was not special within the meaning 
of our state constitution. See J it lien vs. Model B. L. & I. Co., 
116 Wis. 79, 92 N. W. 561, 61 L. R. A. 668. For if it could be 
said that the limitation of the hours of labor of miners and those 
engaged in smelting and reduction works could not be supported by 
any natural or intrinsic distinction between those occupations and 
others, the legislation would, for the reasons declared in Locliner 
vs. New York, necessarily fall before the provisions of the federal 
constitution. 

The appellant relies with great confidence upon the decision of 
13— LL 



194 BUREAU OF LABOR STATISTICS. 

the Supreme Court of Colorado in In re Morgan, 26 Colo. 415, 58 
Pae. 1071, 47 L. R. A. 52, 77 Am. St. Rep. 269. In that case it 
was held that an act similar to the one under consideration was 
unconstitutional, this conclusion being based upon the ground, 
among others, that the law was ''class legislation." We have not 
had access to the constitution of Colorado and are not informed 
of its precise terms regarding general and special legislation. It 
may be observed, however, that some of the grounds relied on by 
the Colorado court for its decision are clearly in conflict with the 
views of the supreme court of the United States in the H olden case. 
In other states, having constitutional provisions directed against 
the passing of special laws, legislation of this character has been 
upheld. Ex parte Boyce, 27 Nev. 299, 75 Pac. 1, 65 L. R. A. 47 ; 
Ex parte Kair, 28 Nev. 127, 80 Pac. 463, 113 Am. St. Rep. 817; 
State vs. Cantwell, 179 Mo. 245, 78 S. W. 569. 

It is argued by the appellant that the act is special because it 
does not include in its scope many occupations other than mining 
which are equally dangerous to the health of the persons engaged in 
them. Reference is made, for example, to marble cutters and 
marble drillers, diamond cutters, workers in furnaces and laundries, 
men employed in wine cellars, breweries, and ice houses, men in 
boiler works, match makers, cleaners of clothes, makers of white 
lead, of china and earthenware, and many others. The argument 
is, apparently, that any law is special which does not include all of 
these occupations. This view is obviously unsound. Whether these 
other occupations present the same dangers to health as those 
involved in mining, etc., and whether, if they do, these dangers can 
best be met by restricting the hours of labor, are primarily ques- 
tions for the legislature. The legislature has determined one or 
both of them in the negative by enacting this law. The selection of 
the businesses requiring regulation is confined to the legislative 
discretion, and this discretion is not subject to judicial review unless 
it clearly appears to have been exercised arbitrarily and without 
any show of good reason. It certainly can not be justly said to 
be apparent that each or any of the trades instanced by counsel is, 
in its effect upon the health of the workers, identical with the 
occupations covered by the act under discussion, nor that the most 
appropriate method of counteracting any injurious effects pertain- 
ing to any of them is necessarily the same as that found to be 
suitable for miners and men working in smelting and reduction 
works. In other words, the law is not rendered special by the 
mere fact that it does not cover every subject which the legislature 



LABOR LAWS DECISIONS. 195 

might conceivably have included in it. It is enough that the sub- 
jects covered possess such intrinsic peculiarities as to justify the 
legislative determination that those subjects require special enact- 
ment. 

It may be questioned whether, in view of the title of the act. the 
limitation of hours applies to all underground work or only to that 
performed in mines. But if we assume, with petitioner, that only 
work in mines is covered, the act is not thereby rendered obnoxious 
to the constitutional provision against special legislation. This 
point was made in tit ate vs. Cantwell, supra, and was met by the 
answer that the discrimination between work in mines, and that 
in other underground diggings was justified by the fact that mining 
is a permanent business in which men are engaged steadily for 
long periods of time, whereas other underground diggings are 
ordinarily temporary and irregular in duration and for that reason 
do not require the same measure of regulation. 

The act and the title thereof do not embrace more than one sub- 
ject : Const, art. 4, § 24 ; Ex parte Boi/ce, supra. It is designed, as 
we have said, for the protection of the health of persons engaged 
in occupations regarded by the legislature as dangerous. Such 
occupations as in the legisaltive view were subject to the same kind 
of danger and which require the same kind of regulation could 
properly be joined together in one act. We may remark the incon- 
sistency between the argument that the act is void because it 
covers different kinds of employment and petitioner's other conten- 
tion that the act is void because it does not cover a greater number 
of employments. 

Petitioner attacks the provision of the act that the hours of 
employment shall be consecutive (excluding, however, any intermis- 
sion of time for lunch or meals). We are not prepared to say 
that this limitation bears no reasonable relation to the protection of 
the health of the workmen. The legislature may have considered 
that persons working in underground mines, in smelters, or in 
reduction works required for their protection, not only that the total 
number of bourse of employment in a day should be limited, but 
that the hours of labor should be so adjusted as to allow the em- 
ployee a long consecutive period for rest and recreation. This is 
a question of legislative policy with which the courts have no 
concern. 

Upon the whole case, we are satisfied that the act is a valid 
exercise of the legislative power, and that the petitioner is properly 
held. 



196 BUREAU OF LABOR STATISTICS. 

It is ordered that the writ be dismissed and the petitioner 
remanded to the custody of the constable. 

We concur : Shaw, J. ; Angellotti, J. ; Lorigan, J. ; Melvin, 
J. ; Hen shaw, J. 
Crim No. 1539. Construction. 

"The limitation of time is to be construed as referring to the 
time when men are actually engaged in work, not when they are 
going to or from their work." 

Crim. No. 1540. Construction. 

A quartz mill comes clearly within the phrase "smelters and 
other institutions for the reduction or refining of ores or metals." 



LABOR LAWS DECISIONS. 107 



DECISION UPHOLDING THE CONSTITUTIONALITY 
OF THE EIGHT-HOUR LAW FOR WOMEN. 

Supreme Court of California, May 27, 1912. 
(In Bank. Crim. No. 1686.) 

IN THE MATTER OF THE i 

APPLICATION OF P. A. MILLER - 

FOR A WRIT OF HABEAS CORPUS. ) 

Application for writ of habeas corpus prayed to be directed 
against F. P. Wilson, sheriff of the county of Riverside. 

For Petitioner — Flint, Gray & Barker and Gray, Barker, Bowen, 
Allen, Van Dyke & Jutten. 

For Respondent — Lyman Evans, District Attorney; Purrington 
& Adair; William Denman, amicus curice; G. S'. Arnold, of counsel; 
Thos. F. Griffin and Leon Yanckwich, as amici curitr. 

The petitioner applies for release from custody on a charge of 
violating- the provisions of the act of March 22. 1911, forbidding the 
employment of women in certain establishments for more than eight 
hours in one day, or more than forty-eight hours in one week. 
(Stats. 1911, 437.) The specific charge is that on June 12, 1911, 
he employed and thereupon required Emma Hunt, a female, to work 
during that day for nine hours in the Glenwood Hotel, as an 
employee therein. His contention is that the act is unconstitutional 
and void. 

Three grounds are urged in support of this claim : 1. That the 
restrictions imposed by the statute upon the freedom of contract 
are in violation of section 1. article I, and section 18 of article XX, 
of the constitution, and that it is consequently invalid ; 2. That 
the act is special, that it is not uniform in its operation, and that 
it makes arbitrary discriminations between persons and classes of 
persons similarly situated contrary to the limitations of sections 11 
and 21, article I, and section 25 of article IV of the constitution ; 
3. That it embraces two distinct subjects, contrary to section 24, 
article IV of the constitution. 

The material parts of the statute are as follows : 

"Section 1. No female shall be employed in any manufacturing, 
mechanical or mercantile establishment, laundry, hotel, or restau- 
rant, or telegraph or telephone establishment or office, or by any 
express or transportation company in this state more than eight 
hours during any one day or more than forty-eight hours in one 
week. The hours of work may be so arranged as to permit the 
employment of females at any time so that they shall not work 



198 BUREAU OF LABOR STATISTICS. 

more than eight hours during the twenty-four hours of one day, 
or forty-eight hours during any one week ; provided, however, that 
the provisions of this section in relation to the hours of employment 
shall not apply to nor affect the harvesting, curing, canning or dry- 
ing of any variety of perishable fruit or vegetable. 

"Sec. 2. Every employer in any manufacturing, mechanical or 
mercantile establishment, laundry, hotel or restaurant, or other 
establishment employing any female, shall provide suitable seats for 
all female employees, and shall permit them to use such seats when 
they are not engaged in the active duties of their employment." 

Section 3 declares it a misdemeanor, punishable by fine or 
imprisonment, or both, for any employer to require any female to 
work in any of the places mentioned in section 1 more than the 
number of hours allowed by the act, during any one day of twenty- 
four hours. 

1. Section 18 of article XX of the constitution provides that "no 
person shall, on account of sex, be disqualified from entering upon 
or pursuing any lawful business, vocation or profession." This 
section prohibits any discrimination of this kind based solely on 
distinctions of sex. But, as in case of the other constitutional 
guaranties, this provision is subject to such reasonable regulations 
as may be imposed in the exercise of police powers. It does not 
forbid such reasonable restrictions upon the hours of labor of 
women as may be necessary for the protection and preservation of 
the public health. {Ex parte Hayes, 98 Cal. 556; Foster vs. Com- 
missioners, 102 Cal. 490.) 

2. Ttecognizing the importance of personal liberty, our state con- 
stitution at the outset declares that all persons have an inalienable 
right to enjoy life and liberty and to acquire and possess property. 
(Art. I, sec. 1.) This, necessarily, includes liberty to work for the 
purpose of acquiring property, or to accomplish any desired lawful 
object, and liberty to continue that work each day a sufficient time 
to gain more than is required for the daily needs. Hence comes the 
right to make contracts to serve and contracts to employ such 
service. There can be no contract by the employee to serve without 
a corresponding contract by the employer , L o hire and receive such 
service. Therefore, although the act in question provides a punish- 
ment only for the employer, its prohibition applies to both and it 
clearly restricts the liberty of both the employer and the employed, 
in the specified establishments, to freely contract with each other 
as to the length of a day's service or to perform such contracts, 
when made. Consequently, it does, to that extent, take away the 
liberty guaranteed by this provision of the constitution. 

Although this guaranty of the constitution is apparently absolute 
and unqualified, yet it is well established that it is subject to the 



LABOR LAWS — DECISIONS. 199 

exercise, by the legislature, of what are known as the police powers 
of the state. 

Says the Supreme Court of the United States in H olden vs. 
Hard '//. 169 U. S. 391: "This right of contract, however, is in itself 
subject to certain limitations which the state may lawfully impose 
in the exercise of its police powers,'' a power which "may lawfully 
be resorted to for the purpose of preserving public health, safety, or 
morals, and a large discretion is necessarily vested in the legislature 
to determine not only what the interests of the public require, but 
what measures are necessary for the protection of such interests." 
(See. to the same effect, Ex parte Whiticett, 98 Cal. 78: Ex parte 
'rattle, 91 Cal. 591; In re Tick Wo, 68 Cal. 297; Laicton vs. Steele, 
152 U. S. 136.) 

Because of the great value to mankind and the consequent para- 
mount importance of the preservation of individual liberty, it is 
universally admitted and held that the police powers of the legisla- 
ture are not absolute or unlimited. These personal rights can not 
be taken away or impaired at the mere will of the legislature, nor 
at all. unless the public welfare demands it. So far as the effect 
on himself alone is concerned, each person has the absolute right to 
judge for himself whether the hard labor which he voluntarily per- 
forms is for his best interest or not. The legislature can not judge 
for persons in this respect and interfere solely to prevent them from 
injuring themselves by excessive labor. 1 he injury must be of such 
character and extent and to such a number of persons that it may 
be reasonably supposed that it will cause injury to others, that is, 
to the community in general, or, as it is expressed, to the public 
health and general welfare. (Law ton vs. Steele, supra.) 

The means adopted to produce the public benefit intended, or to 
prevent the public injury, must be reasonably necessary to accom- 
plish that purpose and not unduly oppressive upon individuals. 
The determination of the legislature as to these matters is not con- 
clusive, but is subject to the supervision of the courts, and if the 
above qualities are wanting, a law arbitrarily interfering with the 
right of contract, or imposing restrictions upon lawful occupations, 
will be held void. (Ex parte Whitwell. supra; Laicton vs. Steele, 
supra; Hohlen vs. Hardy, supra; Tiedman, Police Powers, p. 17; 
Freund. Police Powers, sec. 63 : Am. & Eng. Encyc. of Law, 936.) 
In the language of Justice Harlan in Mugler vs. Kansas, 123 U. S. 
161 : "If. therefore, a statute purporting to have been enacted to 
preserve public health, the public morals or the public safety, has 
no real or substantial relation to these objects, or is a palpable 



200 BUREAU OF LABOR STATISTICS. 

invasion of rights secured by the fundamental law, it is the duty 
of the court so to adjudge, and thereby give effect to the constitu- 
tion." If this were not so, the constitutional guaranties of the 
personal right to liberty and property would be wholly subject to 
the will of the majority acting through the legislature. 

It is settled, however, that some occupations may have a tendency 
to injure the health of those engaged therein, that this injury may 
be so general or extensive as to affect the public health and general 
welfare, and that in such cases the legislature may, in the exercise 
of the police power of the state, enact laws limiting the time of 
labor therein to eight hours a day. Thus, laws have been upheld 
restricting to eight hours the daily labor of persons working in 
underground mines, or in smelters and quartz mills, and the legisla- 
tive judgment on the subject of the extent and effect of the injury 
was considered sufficiently supported to be beyond judicial inter- 
ference. (H olden vs. Hardy, supra; In re Martin, 157 Cal. 51 ; 
In re Martin, 157 Cal. 60. ) 

So, also, it has been recognized that some occupations followed 
by women, though less arduous than those generally followed by 
men, may have such a tendency to injure their health, if unduly 
prolonged, that laws may be enacted restricting their time of labor 
therein to ten hours a day. The application of these laws exclu- 
sively to women is justified on the ground that they are less robust 
in physical organization and structure than men, that they have the 
burden of child-bearing, and, consequently, that the health and 
strength of posterity and of the public in general is presumed to 
be enhanced by preserving and protecting women from exertion 
which men might bear without detriment to the general welfare. 
( See Commonwealth vs. Hamilton Mfg. Co., 120 Mass. 383 ; Wen- 
ham vs. State, 65 Neb. 394; State vs. Buchanan, 29 Wash. 602; 
State vs. Midler, 49 Ore. 252 ; Muller vs. Oregon, 208 U. S. 412 ; 
Whitenj vs. Blwm, 153 Mich. 419 ; Ritchie vs. Way man, 244 111. 
509; State vs. Somerville, 122 Pac. [Wash.] 324.) 

Counsel for the respondent do not advance the proposition that a 
general restriction of all women to eight hours a day for all work 
would be a proper police regulation. This precise question is not 
involved. The act does not limit the time of occupation or exertion 
by females. It limits only the time for which a female may "be 
employed," that is to say, engaged in service for another. The time 
of such service does not usually measure the whole time of daily 
toil, labor or exertion. 

The courts must always assume that the legislature, in enacting 



LABOR LAWS — DECISIONS. 201 

laws, intended to act within its lawful powers and not to violate 
the restrictions placed upon it by the constitution. We must take 
this statute as a law intended for a police regulation to preserve, 
protect or promote the general health and welfare. As has been 
already stated, a large discretion is vested in the legislature to 
determine what measures are necessary for that purpose. Upon 
this question of fact, as also with regard to the facts upon which a 
lawful classification and discrimination depends, to be hereinafter 
discussed, the rule is well settled that the legislative determination 
that the facts exist which make the law necessary, must not be set 
aside or disregarded by the courts, unless the legislative decision is 
clearly and palpably wrong and the error appears beyond reasonable 
doubt from facts or evidence which can not be controverted, and of 
which the courts may properly take notice. (Stockton vs. Stock- 
ton, 41 Cal. 159; Ex parte Tuttle, supra; In re Spencer, 149 Cal. 
400; In re King, 157 Cal. 164.) The power of the court to declare 
a statute unconstitutional is ''conceded to be always one of the 
utmost delicacy in its exercise, and never to be exerted except when 
the conflict between the statute and the constitution is palpable and 
incapable of reconciliation." (Stockton vs. Stockton, supra.) If 
reasonable men, upon a consideration of the facts might rationally 
reach the conclusion that the enforcement of the statute would tend 
to promote or preserve, in some appreciable degree, the public 
health or general welfare, the law must be accredited as a proper 
exercise of the police power, although other reasonable persons 
might take a different view. 

The reasons which justify a restriction upon the hours of employ- 
ment or labor of women, as distinguished from men. are fully stated 
in the cases heretofore cited upon that subject and need not be 
further considered here. Restrictions to ten hours a day have 
always been upheld. In Illinois a restriction to eight hours in 
factories was declared invalid. (Ritchie vs. People, 155 111. 98.) 
In Washington, a similar law was held valid. (State vs. Somcr- 
ville. supra.) In the latter case the woman was employed in a 
factory for the manufacture of paper boxes. 

The question of the effect of the various occupations in which 
women engage, upon their health, is one upon which medical men 
differ and with respect to which the prevailing opinion changes 
from time to time. It has not been, and probably never will be, 
a settled question, either with respect to the deleterious effects of 
particular occupations, or the hours of labor which measure the 
limit of safety in each. Women who work for others usually have 



202 BUREAU OF LABOR STATISTICS. 

household or other domestic duties to perform which oblige them to 
continue at work each day for a much longer period than their time 
of service. Even those who live at their places, of work generally 
have to make and mend their clothing and do other things for their 
personal welfare, in addition to the work done for their employers. 
In view of these circumstances affecting the generality of employed 
women, it could scarcely be claimed that a limitation to eight hours 
a day to the time of employment in many of the occupations men- 
tioned in the act is unreasonable as a health regulation. The work 
in hotels may not be as severe as that in some of the other places 
covered by the law, but considering the delicate frame of women as 
compared with men, we can not perceive that the difference is so 
radical as to make it unreasonable to include employees in hotels 
among those protected by the law. Doubtless there is a limit below 
which the legislature can not go. But we can not say that eight 
hours of employment in work of this character in addition to the 
labor necessary to be done before and afterward by the employee 
is unreasonably low and beyond the legislative discretion, or that, 
in the present condition of common knowledge on the subject, the 
limitation upon the time of employment of women in hotels is so 
manifestly unreasonable and unnecessary for the promotion and 
preservation of the health and welfare of the human race, that the 
courts can declare that the legislature had no rational ground for 
imposing it as a police regulation for that purpose. The respon- 
sibility, if the law is unwise, is with the legislature. 

3. The next objection is that the act is special because there are 
no reasons for making the restriction as to the particular employ-^ 
ments mentioned in the act which do not apply with equal force to 
other similar occupations. There may be, and probably are, other 
occupations followed by women which are equally injurious to their 
health, and which should also be regulated. But if this be true it 
does not make the law invalid. If there are good grounds for the 
classification made by the act, it is not void because it does not 
include every other class needing similar protection or regulation. 
"The law is not rendered special by the mere fact that it does not 
cover every subject which the legislature might conceivably have 
included in it." (Ex parte Martin, 157 Cal. 57.) 

The general rules governing this subject are well settled by our 
decisions. They may be stated as follows : A law is general and 
uniform in its operation when it applies equally to all persons 
embraced within the class to which it is addressed, provided such 
class is made upon some natural, intrinsic or constitutional dis- 



LABOR LAWS — DECISIONS. 203 

tinction between the persons composing it and others not embraced 
in it. It is not general or uniform and it makes an improper dis- 
crimination if it confers particular privileges or imposes peculiar 
restrictions or disabilities upon a class of persons arbitrarily 
selected from a large number of persons, all of whom stand in the 
same relation to the privileges granted or burdens imposed, and 
between whom and the persons not so favored or burdened no 
reasonable distinction or substantial difference can be found justify- 
ing the inclusion of one and the exclusion of the other from such 
privileges or burdens. The difference on which the classification is 
based must be such as, in some reasonable degree, will account for 
or justify the peculiar legislation. The following cases declare 
these rules: Smith vs. Judge. 17 Gal. 555; Pasadena vs. Stimson, 
91 Cal. 251; Darcy vs. San Jose. 104 Cal. 045: Bloss vs. Lewis, 
109 Cal. 499: Marsh vs. Hanly, 111 Cal. 370: Ex parte Jentzsch, 
112 Cal. 474: Ex parte Giambonini, 117 Cal. 574: Krause vs. Dur- 
brow. 127 Cal. 084: Pratt vs. Browne, 135 Cal. 652; Ex parte 
Sohnrke. 148 Cal. 207. 

The women employed in hotels are, for the most part, chamber- 
maids and waitresses. It is contended that the work of such per- 
sons in hotels is no more arduous or injurious to health than that 
in lodging-houses and boarding-houses, that they are all of the same 
class with respect to the need of such protection, and, hence, that 
there is no substantial reason or difference in conditions which can 
justify the protection of those employed in hotels alone. The 
census returns show that in this state the number of boarding- 
houses and lodging-houses, combined, exceeds the number of hotels 
by about fifty per cent of the number of the latter. As the hotels 
are usually the larger institutions, it is probable that the number 
of women employed therein is about equal to those employed in the 
other places mentioned. In the matter of numbers there appears 
to be no ground for distinction. But there are other obvious differ- 
ences. The patrons of lodging-houses and boarding-houses use them 
as places of residence. They are for the most part permanent 
occupants. Such places partake more of the nature of a home or 
residence than does a hotel. They are not accessible, as of right, 
to the public generally, as is the case with hotels. The occupants 
may be and often are selected by the proprietor, and frequently 
they compose a class having similar habits, tastes and desires. An 
acquaintance arises between them and the servants and the servants 
soon become accustomed to the wants and ways of those by whom 
their services are required. The occupants of a hotel are of a more 



204 BUREAU OF LABOR STATISTICS. 

transient character. They come and go and change daily. They 
are usually entire strangers to the servants. Their habits are likely 
to be irregular and of great diversity as well as unfamiliar to the 
employees. These respective conditions must, or at least may, 
make the work of such employees in the other places materially 
different from those similarly employed in hotels. It is not unrea- 
sonable to suppose that those in the other places will be subject to 
less strain and tension than those who serve the more transient, 
varied and indiscriminate guests of hotels, to whom they are 
generally entire strangers. The legislature, in view of all the above 
facts, may reasonably have so determined. In support of the law, 
as already stated, the courts are bound to presume that it did make 
this decision, and as there are sound reasons upon which it may 
rest, the decision must be accepted as correct. The conditions 
stated appear to be a sufficient basis for the classification made. 
In such matters the legislature can not deal with individual cases. 
It can provide only for classes, and its decision as to the line of 
cleavage between classes in some particulars the same and in other 
particulars different must be upheld where it is based on any 
reasonable grounds. We are of the opinion, therefore, that the law 
can not be declared invalid because of this discrimination. 

We can not say that the exemption of persons employed in har- 
vesting, curing, canning or drying perishable fruits or vegetables 
from the operation of the law, makes an improper discrimination. 
These occupations can be carried on only for a short period of each 
year, the time of the annual ripening of the particular fruits or 
vegetables. In a cannery devoted to every kind of fruit and 
vegetable the work may continue much longer, but even those estab- 
lishments are idle for a large part of the year. There is time for 
those employed therein to obtain rest and recuperation. It is also 
to be noted that, looking to the general welfare, there is a greater 
necessity for facility in obtaining employees to do such work than 
obtains in ordinary employments, for, unless the work is done at 
the proper time, great loss must ensue from the perishable nature 
of the products to be preserved. These are all matters which the 
legislature could properly take into consideration, and they con- 
stitute a sufficient justification for the exception. (See State vs. 
Somerville, supra, where it was held that a similar exception did 
not vitiate the women's eight-hour law of the state of Washington.) 

4. The title embraces but one general subject — the regulation of 
female employment. The subdivision of this subject by the par- 
ticular details stated in the title does not make it embrace two sub- 



LABOR LAWS — DECISIONS. 205 

jects. The title is sufficient in this respect. We find no ground 
upon which the law can be declared void or the conviction in 
question invalid. 

Let the petitioner be remanded to the custody of the sheriff of 
Riverside County. 

SHAW, J. 

We concur : Angellotti, J. ; Sloss, J. ; Lorigan, J. ; Melvin, 
J. ; Beatty, C. J. 



INDEX. 



Page. 

Administrations, wages preferred in 25 

Advertisements during strikes, etc 171 

Aliens, employment of in public offices 35 

Apprentice, digest of laws 177 

Arbitration and conciliation, state board of 35 

Assignment of wages 163 

Assignments, wages preferred in 25 

Attorney for bureau of labor statistics 149 

Attorney's fees in suit for wages 25 

Blacklisting prohibited 172 

Buildings, protection of workmen on 31, 46, 72, 151 

Bureau of labor statistics 40 

Bureau of labor statistics, attorney for 149 

Camps, sanitation and ventilation of 138 

Child labor law 141 

Children — 

certain employment forbidden 27 

general provisions regarding employment of 141 

vending at night prohibited 71 

Chinese labor — 

employment of on public works 7 

products of not to be bought by state officials 11 

Coal mines mine regulations 47 

Coolie labor 7 

Combinations of labor not unlawful 33 

Contract work on public buildings prohibited 11 

Contractors, bonds on public works 54 

Convict Labor, digest of laws 180 

Day of rest, weekly 46 

Decisions — 

child labor law 181 

eight-hour law for women 197 

eight-hour law in underground mines and smelters 190 

forbidden employments of children 187 

Discrimination against members of national guard forbidden 31 

Domestic products, preference of for public use 13 

Drug clerks, hours of labor 52 

Earnings of minors 14 

Electricity — 

regulating erection of poles, etc 62 

regulating construction of manholes, etc 68 

Elevators in buildings under construction 151 



208 INDEX. 

Employees— Page 

general provisions regarding- 14 

on public works 32 

protection of, as voters 26 

protection of, on buildings 31, 46, 72, 151 

Employers, general provisions regarding 14 

liability law . 78 

Employers to report names of taxable employees 31 

Employment agencies, regulation and licensing of 153 

Employment of aliens in public offices 35 

Employment of children — 

certain employment forbidden 27 

enforcement of laws pertaining to 55 

general provisions regarding 141 

Employment of Chinese 7 

Employment of labor — 

false representations 34 

general provisions 14 

Enforcement of labor contracts 22 

Exemption of wages from execution 24 

Factories and workshops, sanitation and ventilation 37 

Factories, registration of 150 

medical appliances to be kept 153 

False representations in employment of labor 34 

Females, hours of labor 173 

Full crews, on railroads 75 

Hatch tenders on vessels 163 

Home industry, preference for public use 13 

Hours of labor — 

drug clerks 52 

general 12 

mines, underground workings and smelters 139 

public works 7, 32 

railroads 58 

street railway employees 12 

women 173 

Industrial accident commission 78, 175 

Industrial accidents — 

compensation for 78 

industrial accident fund 137 

prevention fund 137 

state compensation insurance fund 138 

Industrial welfare commission 164 

Injuries to employees — 

right of employers . 14 

liability of employer 78 

Intemperate employees on public carriers 10, 30 



INDEX. 209 

Japanese— Page. 

gathering statistics regarding 39 

records to be kept 40 

Labor, employment of, general provisions 14 

Labor combinations not unlawful — 33 

Labor contracts, enforcement of 22 

Labor organizations, protection of employees as members of 33 

Labor statistics, bureau of 40 

Labor unions — 

unlawful using card of 45 

unlawful wearing button of 45 

Liability of employers for road tax of employees 10 

Liability of employers for injury to employees 78 

License, employment agents 153 

Lumber mills, time for meals to be allowed employees 23 

Manufacturing establishments, registration of 150 

Master and servant, general provisions 19 

Mechanics' liens, digest of laws 178 

Medical appliances to be kept in factories 153 

Militia, protection of employees as members 31 

Mine regulations — 

coal mines 47 

quartz mines 23 

signals 50 

Miners' hospital 49 

Mines, hours of labor in underground 139 

telephones in 175 

Minimum wage commission 164 

Minors — 

earnings of 14 

certain employment of, forbidden 27 

employment of, general provisions regarding 141 

vending at night prohibited- 71 

Misrepresentation — 

advertisements during strikes, etc 171 

kind of labor employed 30 

in the employment of labor 34 

Negligence of employees — 

on railroads 29 

on steamboats 28 

Occupational diseases, reporting of 61 

Pay checks, must be negotiable 57 

Plumbers— 

examination and licensing of 53 

registration required 53 

14— LL 



210 INDEX. 

Protection of employees— Page 

as members of labor organizations 33 

as members of the national guard 31 

as voters : 26 

on buildings 31, 46, 72, 151 

Public buildings, contract work on, prohibited 11 

Public offices, employment of aliens in 35 

Public works — 

bonds for contractors 54 

employees on 32 

hours of labor on 7, 32 

rates of wages on 54 

Quartz mines, mine regulations 23 

Railroad employees, intoxication and negligence of — 30 

Railroads- 
negligence of employees on 29 

headlights on locomotives 162 

hours of labor 58 

full crews 75 

Rates of wages of employees of state printing office 9 

Registration of factories, etc 150 

Road tax, employers chargeable 10 

San Francisco water front, laborers on 9 

Sanitation and ventilation of camps 138 

Sanitation and ventilation of factories and workshops 37 

Scaffolding, erection of unsafe 31, 72 

Seamen, general provisions regarding 20 

Seasonable labor, payment of wages earned in 140 

Servants, general provisions 19 

Sex no disqualification for employment 8 

Shoddy, labeling of 45 

Smelting works, hours of labor in 139 

State board of arbitration and conciliation 45 

State printing office, rates of wages of employees 9 

Statistics — 

bureau of labor 40 

Japanese 39 

Steamboats, negligence of employees on 28 

Steamboilers, negligence of person in charge of 28 

Street railways to be provided with brakes, etc 29 

Strikes, etc., advertisements during 171 

Taxable employees, employers to report names of 31 

Taxes, employers chargeable for road tax of employees 10 

Temporary floors, in construction of buildings 46 

Time for meals, in lumber mills 23 

Time of payment of wages _ 70 

Time to vote to be allowed employees „__ __ ^ — 9 



INDEX. 211 

Page. 

Trade-marks of trade' unions 10 

Union button, unlawful wearing of 45 

Union card, unlawful using of 45 

Unions, trade-marks of 10 

Vacations, state employees 52 

Volunteer service, compensation for 22 

Voters, protection of employees as 26 

Voting, time for 9 

Wages — 

assignment of 163 

attorney's fees in suits for 25 

exemption of, from execution 24 

pay checks, must be negotiable 57 

payment of in seasonable labor 140 

payment in barrooms forbidden 33 

preferred in assignments, administrations, etc 25 

rates of, in state printing office 9 

rates of, on public works 54 

time of payment 70 

Weekly day of rest _ 46 

Wiping rags, sterilizing of 73 

Women— 

eight-hour law 173 

sex, no disqualification for employment 8 

Workmen's compensation insurance and safety act 78 



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